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ORDINANCES 


OF 


OGDEN    CITY,    UTAH 


TO   WHICH   ARE   PREFIXED   A   LIST  OF   THE   CITY 
GOVERNMENTS  FROM  1869  TO  1881, 


THE  CHAPTER  OF  THE  CITY  AND  AMENDMENTS. 


BY  TmTpOI^ITY  OF  ¥flE  CITY  COUNCIL. 


SALT  LAKE  CITY,  UTAH: 

DESERET  NEWS  COMPANY,    PRINTERS   AND   PUBLISHERS 

1881. 


AUTHORIZATION. 


CITY  COUNCIL  CHAMBER, 

Ogden,  February  4th,  1881. 

Resolved,  That  five  hundred  copies  of  Revised  Ordinances 
of  the  City  of  Ogden,  passed  by  the  City  Council,  be  printed 
and  published  in  a  book  form,  and  the  committee  on  printing 
are  authorized  and  directed  to  procure  and  supervise  the  same. 
Passed  February  4th,  A.  D.,  1881. 

L.  J.  HERRICK, 

Mayor. 

(         *•)      Attest:      JAMES  TAYLOR, 
•j  SEAL  [ 

J  City  Recorder. 


HISTORICAL. 


MEMBERS  OF  THE  CITY  COUNCIL: 


ELECTED    FEBRUARY,  1869. 

Mayor.  — LORIN  F ARR . 

jilderme/i. — FRANCIS  A.  BROWN,  LESTER  J.  HERRICK 
ANDREW  J.  SHUPE. 

Councilors.— JAMES  MC&AW,  WALTER  THOMSON,  WIL- 
LIAM W.  BURTON.  JOSIAH  LBAVITT.  ISRAEL  CANFIELD. 


ELECTED  FEBRUARY,  1871. 

Mayor. — LESTER  J.  HERRICK. 

Aldermen. — FRANCIS  A.  BROWN,  WALTER  THOMSON 
WILLIAM  W.  BURTON. 

Councilors. — ISRAEL  CAN-FIELD,  DAVID  MOORE,  WINS- 
LOW  FARR,  CHARLES  W.  PENROSE,  HORATIO  B.  SCOVILLE. 


ELECTED  FEBRUARY,  1873. 

Mayor. — LESTER  J.  HERRICK. 

ttldermen. — WALTER  THOMSON,    F.  A.  BROWN,  DAVID 

MOORE. 

Councilors. — ISRAEL  CANFIELD,  C.  W.  PENROSE,  D.   M. 
STUART,  JOSEPH  PARRY,  WINSLOW  FARR. 


HISTORICAL. 
ELECTED     FEBRUARY,     1S75. 

Mayor. — LESTER  J.  HERRICK. 

Aldermen. — WALTER  THOMSON,  DAVID  MOORE,  F.  A. 
BROWN. 

Councilors. — ISRAEL  CANFIELD,  C.  W.  PENROSE,  D.  M. 
STUART,  JOSEPH  STANFORD,  JOSEPH  PARRY. 


ELECTED  FEBRUARY,  1877. 

Mayor. — LORIN  FARR. 

Aldermen. — WALTER  THOMSON,  F.  A.  BROWN,  JOHN 
REEVE,  F.  A.  MILLER.  * 

Councilors. — C.  W.  PENROSE,  ROBERT  MCQUARRIE,  JOB 
PINGREE,  JOSEPH  PARRY,  BARNARD  WHITE. 


ELECTED    FEBRUARY,  1879. 

Mayor. — LESTER  J.  HERRICK. 

Aldermen.—  C.  F.  MIDDLETON,  D.  M.  STUART,  JOSEPH 
STANFORD,  W.  B.  HUTCHINS. 

Councilors.— W.  W.  BURTON,  ISRAEL  CANFIELD,  ED- 
WIN STRATFORD,  ROBERT  McQuARRiE,  R.  S.  WATSON.! 


ELECTED   FEBRUARY,    1881. 

Mayor. — LESTER  J.  HERRICK. 

Aldermen. — DAVID  M.  STUART,  C.  F.  MIDDLETON, 
JOSEPH  STANFORD,  and  Wm  B.  HUTCHINS. 

Councilors. — N.  C.  FLYGARE,  JOB  PINGREE,  WINSLOW 
FARR,  WM.  W.  BURTON,  und  S.  H.  HIGGINBOTHAM. 


*  Appointed.     Fourth  Ward  organized  Jan.  8th,  1880. 
t  Resigned  March    5th,    1880.     Richard    Ballantyne    was   ap- 
pointed  i>y  the  Council  to  succeed  him,  April  16th,    1880 


HISTORICAL. 

STANDING  COMMITTEES,  1879. 

On.  Municipal    Laws.  —  JOSEPH    STANFORD,   WM.   W. 
and  ROBERT  S. 


On     Water  Supply.  —  EDWIN    STRATFORD,   DAVID    M. 
STUART,  and  ROBERT  McQuARRiE. 

On  Streets.  —  JOSEPH  STANFORD,  C.  F.  MIDDLETON,  and 
F.  CANFIELD. 

On  Claims.—  ROBERT  S.  WATSON.   WM.  W.   BURTON, 
and  EDWIN  STRATFORD. 

On    Public  Buildings.  —  WM.  B.  HUTCHINS,  DAVID  M. 
STUART,  and  ROBERT  McQuARRiE. 

On  Public  Works.  —  DAVID  M.  STUART,  JOSEPH  STAN- 
FORD, and  ROBERT  S.  WATSON. 

On  Public  Grounds.  —  ROBERT    MCQUARRIE,  WM.  W. 
BURTON,  mid  I.  CANFIELD. 

On  Fire  Department.  —  I.  CANFIELD,  EDWIN  STRATFORD, 
and  WM.  B.  HUTCHINS. 

On  Sanitary  Regulations.  —  C.  F.  MIDDLETON,  EDWIN 
STRATFORD,  and  DAVID  M.  STUART. 

On  Finance.  —  WM.  W.  BURTON,  ROBERT  S.  WATSON, 
and  JOSEPH  STANFORD. 


*  Resigned  March  5th,  1880.  C.F.  Middleton  appointed  April 
16th,  1880,  and  Richard  Ballantyne  appointed  to  take  R.  8.  Wat- 
son's place  on  the  other  Committees. 


HISTORICAL. 

STANDING  COMMITTEES,  1881. 
On  Municipal    Laws.—  JOSEPH    STANFORD,    WM.    W. 
BURTON,  and  C.  F.  MIDDLETON. 

On     Water    Supply.— -C.     F.    MIDDLETON,    WINSLOW 
FARR.  and    DAVID  M.  STUART. 

On  Licenses.— JOB   PINGREE,  S.  H.  HIGGINGOTHAM.  and 
WM.  B.  HUTCHINS. 

On  Streets. — JOSEPH  STANFORD,  WM.  W.  BURTON,  and 

C.    V.  MIDDLETON. 

On  Claims.-— D.  M.  STUART,   WM.  VV.  BURTON,  and  S. 

H.  HIGGINBOTHAM. 

On  Public  Buildings.—^.  G.  FLYGARE.  JOSEPH  STAN- 
FORD, and  WINSLOW  FARR. 

On  Public  Works. — C.  F.  MIDDLETON,  S.   H.   HIGGIN- 
BOTHAM,  and  JOB  PINGREE. 

On    Public  (grounds. —$>.  H.  HIGGINBOTHAM.  WM.  VV. 
BURTON,  and  WM.  B.  HUTCHINS. 

On  Fire  Department. — WINSLOW  FARR,  N.  C.  FLYGARE, 
and  S.  H.  HIGGINBOTHAM. 

On.  Sanitary  Regulations. — DAVID  M.  STUART,  WINS 
LOW  FARR,  and  N.  G.  FLYGARE. 

On  Finance. — WM.  W.  BURTON.  G.   F.  MIDDLETON,  and 
JOSEPH  STANFORD. 


HISTORICAL. 

OFFICERS  OF  THE  COUNCIL,  1881. 

Recorder.— J AMES  TAYLOR. 
Treasurer. — AARON  F.  FARE. 
Assessor  &  Collector.— THOMAS  D.  DEE. 
Marshal—  ALMA  KEYES. 
Attorneys.— RICHARDS  &  WILLIAMS. 
Captain  of  Police.—  ALMA  KEYES. 
Supervisor  of  Streets.— CHARLES  WELCH. 
Water  J/fls&r.— THOMAS  DOXEY. 

Sealer  of  Weights  and  Measures*— DAVID  E.    BROWN- 
ING. 

Inspector  of  Buildings.— N.  C.  FLYGARE. 

Sexton. — ISRAEL  CANFIELD. 

Superintendent  of  Water  Works.—  THOMAS  DOXEY. 

Medical  Board  of  Examiners.— J OHN  D.  CARNAHAN, 
WM.  L.  MclNTYRE,  and  E.  Gr.  WILLIAMS. 

Quarantine,  Physician.— WM.  L.  MC!NTYRE. 
xSYflc/i  Inspector.—  H.  V.  SHURTLIFF. 
Inspector  of  Provisions. — DAVID  E.  BROWNING. 
Chief  of  Fire  Department. — ALMA  KEYES. 
Jailor.— JAMES  M.  BROWN. 
Poundkeeper. — DAVID  M.  STUART. 


CHARTER  OF  OGDEN  CITY, 

AND    AMENDMENTS. 


AI*   ACT   TO  INCOEPOEATE   OGDEN  CITY. 

SEC.  1.  Be  it  enacted  Tnj  the  Governor  and  Legis- 
lative Assembly  of  the  Territory  of  Utah:  That  all 
that  district  of  country  in  Weber  County,  embraced  in 
the  following  boundaries,  to  wit:  Beginning  at  the 
mouth  of  Burch  Creek  Canon,  thence  running  due 
west  to  a  point  due  south  of  the  confluence  of  Weber 
and  Ogden  rivers,  thence  due  north,  passing  through 
the  junction  of  Weber  and  Ogden  rivers  to  the  street 
running  east  between  ranges  five  and  six,  North  Ogden 
survey,  thence  east  to  the  base  of  the  mountain,  thence 
in  a  southerly  direction  along  the  base  of  the  mountain 
to  the  place  of  beginning,  shall  be  known  and  desig- 
nated by  the  name  and  style  of  Ogden  City;  and  the 
inhabitants  thereof  are  hereby  constituted  a  body  cor- 
porate and  politic,  by  the  name  aforesaid,  with  perpet- 
ual succession,  and  shall  have  and  use  a  common  seal, 
which  they  may  change  and  alter  at  pleasure. 

SEC.  1.  That  the  first  section  of  an  act  incorporat- 
ing Ogden  City  be  so  amended  that  said  city  be  bound- 
ed on  the  south  by  a  parallel  line  running  east  and 
west,  one-half  mile  south  of  the  southern  boundary 


8  CHARTER. 

line  of  township  six  north,  United  States  survey.  So 
much  of  section  one  of  an  act  entitled  an  act  incorpo- 
rating Ogden  City,  approved  January  eighteenth, 
eighteen  hundred  and  sixty-one,  as  conflicts  with  this 
act,  is  hereby  repealed.  (Amendment  of  February 
15,  1872.) 

SEC.  2.  The  inhabitants  of  said  city,  by  the  name 
and  style  aforesaid,  shall  have  power  to  sue  and  be 
sued,  to  plead  and  be  impleaded,  defend  and  be  de- 
fended in  all  courts  of  law  and  equity,  and  in  all  ac- 
tions whatsoever;  to  purchase,  receive,  hold,  sell, 
lease,  convey  and  dispose  of  property  real  and  person- 
al for  the  benefit  of  said  city^  both  within  and  without 
its  corporate  boundaries;  to  improve  and  protect  such 
property,  and  to  do  all  other  things  in  relation  thersto 
as  natural  persons. 

SEC.  3.  The  municipal  government  of  said  city  is 
hereby  vested  in  a  city  council,  to  be  composed  of  a 
mayor,  three  aldermen,  one  from  each  ward,  and  five 
councilors,  who  shall  have  the  qualifications  of  elec- 
tors in  said  city,  and  shall  be  chosen  by  the  qualified 
voters  thereof,  and  shall  hold  their  office  for  two  years, 
and  until  their  successors  are  elected  and  qualified. 

SEC.  4.  An  election  shall  be  held  on  the  second 
Monday  in  February  next,  and  every  two  years  there- 
after, on  said  day,  at  which  there  shall  be  elected,  one 
mayor,  three  aldermen,  and  five  councilors;  and  the 
persons  respectively  receiving  the  highest  number  of 
votes  cast  in  the  city,  for  said  offices,  shall  be  de- 
clared elected.  When  two  or  more  candidates  shall 
have  an  equal  number  of  votes  for  the  same  office,  the 
election  shall  be  determined  by  the  city  council. 


CHARTER.  9 

SEC.  5.  The  first  election  under  this  act  shall  be 
conducted  in  the  following  manner,  to  wit:  The  coun- 
ty clerk  of  Weber  County  shall  cause  notice  of  the 
time  and  place,  and  the  number  and  kind  of  officers  to 
be  chosen,  to  be  posted  up  in  four  public  places  in 
said  city,  at  least  ten  days  previous  to  said  election. 
Two  judges  shall  be  selected  by  the  probate  judge  of 
Weber  County,  at  least  one  week  previous  to  the  day 
of  election.  Said  judges  shall  choose  two  clerks,  and 
the  judges  and  clerks,  before  entering  upon  their  du- 
ties, shall  take  and  subscribe  an  oath  or  affirmation  for 
the  faithful  discharge  thereof.  The  poll  shall  be  open 
at  eight  o'clock  a.m.,  and  shall  close  at  six  o'clock  p. 
m.  At  the  close  of  the  election,  the  judges  shall  seal 
up  the  ballot  box  and  the  list  of  names  of  the  electors 
and  transmit  the  same,  within  two  days,  to  the  county 
clerk  of  Weber  County.  As  soon  as  the  returns  are 
received,  the  county  clerk,  in  the  presence  of  the  pro- 
bate judge,  shall  unseal  and  examine  them,  and  fur- 
nish, within  five  days,  to  each  person  having  the  high- 
est number  of  votes,  a  certificate  of  his  election.  In 
case  of  a  tie,  it  shall  be  decided  by  lot  drawn  by  the 
county  clerk  in  presence  of  the  probate  judge. 

SEC.  6.  All  subsequent  elections  held  under  this 
act  shall  be  held,  conducted,  and  returns  thereof  made 
as  may  be  provided  for  by  ordinance  of  the  city 
council. 

SEC.  7.  The  city  council  shall  be  judge  of  the 
qualifications,  elections  and  returns  of  their  own  mem- 
bers; and  a  majority  of  them  shall  form  a  quorum  to 
do  business,  shall  determine  the  rules  of  their  own 
proceedings,  and  shall  meet  at  such  time  and  place  as, 
they  may  direct;  the  mayor  shall  preside  when  present, 


10  CHARTER. 

and  have  a  casting  vote;  and  in  the  absence  of  the 
mayor,  any  alderman  present  may  be  appointed  to 
preside  over  said  meeting. 

SEC.  8.  The  city  council  may  hold  stated  meet- 
ings, and  special  meetings  may  be  called  by  the 
mayor,  or  any  two  aldermen,  by  notice  to  each  of  the 
members  of  said  council,  served  personally  or  left  at 
their  usual  place  of  abode. 

SEC.  9.  The  city  council  shall  have  power  to  ap* 
point  a  marshal,  recorder  (who  shall  be  the  auditor  of 
public  accounts),  treasurer,  assessor  and  collector,  su- 
pervisor of  streets,  surveyor,  an  attorney,  a  sexton,  a 
sealer  of  weights  and  measures,  and  all  such  other  of- 
ficers as  may  be  necessary;  define  their  duties,  remove 
them  from  office  at  pleasure,  and  fix  and  establish  the 
fees  of  all  officers,  jurors  and  witnesses. 

SEC.  10.  All  officers  elected  in  accordance  with 
the  fourth  section  of  this  act  may  be  removed  for  cause 
from  such  office  by  a  vote  of  two-thirds  of  the  city 
council,  and  shall  be  furnished  with  the  charges,  and 
have  an  opportunity  to  be  heard  in  his  defense,  and 
the  council  shall  have  power  to  compel  the  attendance 
of  witnesses,  and  the  production  of  papers  when 
necessary. 

SEC.  11.  When  any  vacancy  shall  happen  by 
the  death,  resignation  or  removal  of  any  officer,  such 
vacancy  may  be  filled  by  the  city  council,  and  every 
person  elected  or  appointed  to  any  office  under  this  act 
shall,  before  he  enters  upon  the  duties  thereof,  take 
and  subscribe  an  oath  or'affirmation  that  he  will  sup- 
port the  Constitution  of  the  United  States,  the  laws  of 


CHARTER.  11 

this  Territory,  and  the  ordinances  of  the  city,  and  that 
he  will  well  and  truly  perform  all  the  duties  of  his 
office  to  the  best  of  his  knowledge  and  ability  ;  and  he 
may  be  required  to  give  bonds  as  shall  be  prescribed 
by  city  ordinance,  which  oath  and  bond  shall  be  filed 
with  the  city  recorder.  All  persons  appointed  under 
this  act  to  any  office  shall  be  commissioned  by  warrant 
under  the  corporate  seal  signed  by  the  city  recorder. 

SEC.  12.  The  city  council  shall  have  power  to 
divide  the  city  into  wards,  and  specify  the  boundaries 
thereof,  and  when  necessary  create  additional  wards, 
and  add  to  the  number  of  aldermen  and  councilors, 
and  proportion  them  among  the  several  wards  as  may 
be  just  and  most  conductive  to  the  welfare  of  said  city. 

SEC.  13.  The  mayor  and  aldermen  shall  be  con- 
servators of  the  peace  within  the  limit  of  the  city,  and 
shall  give  bonds  and  qualify  as  other  justices  of  the 
peace,  and  when  so  qualified  shall  possess  the  same 
powers  of  jurisdiction,  both  in  civil  and  criminal  cases 
arising  under  the  laws  of.the  Territory,  and  may  be 
commissioned  as  justices  of  the  peace  in  and  for  said 
city,  by  the  Governor.  They  shall  account  for  and  pay 
over  all  fines  and  forfeitures  arising  under  the  ordinan- 
ces of  the  city  into  the  city  treasury,  and  all  fines  and 
forfeitures  arising  under  the  laws  of  the  Territory  into 
the  county  treasury,  and  shall  issue  such  process  as 
may  be  necessary  to  carry  into  effect  all  ordinances  of 
said  city.  Appeals  may  be  had  from  any  decision  or 
judgment  of  a  mayor  or  alderman's  court  in  the  same 
manner  as  are  or  may  be  provided  by  statute  for  ap- 
peals from  justices'  courts,  and  they  shall  account  for, 
and  pay  over  to  the  city  treasury  within  three  months 
all  fines  and  forfeitures  received  by  them,  by  virtue  of 


12  CHARTER. 

their  office,  and  they  shall  each  keep  a  docket,  subject 
at  all  times  to  the  inspection  of  the  city  council  and 
all  other  parties  interested. 

SEC.  14.  All  process  issued  by  the  mayor  or  an 
alderman  shall  be  directed  to  the  marshal,  or  other 
legal  officer,  and  in  execution  thereof,  he  shall  be  gov- 
erned by  such  rules  and  regulations  as  may  be  provid- 
ed by  city  ordinance. 

SEC.  15.  It  shall  be  the  duty  of  the  recorder  to 
make  and  keep  accurate  records  of  all  ordinances  made 
by  the  city  council,  and  all  their  proceeding  in  a  cor- 
porate capacity,  which  record  shall  at  all  times  be 
open  to  the  inspection  of  the  electors  of  the  city,  and 
all  other  parties  interested,  and  audit  all  accounts  of 
said  incorporation.  He  shall  have  and  keep  a  plat  of 
all  surveys  within  the  city,  and  he  is  hereby  authoriz- 
ed to  take  the  acknowledgment  of  deeds,  transfers  and 
other  instruments  of  writing,  and  shall  perform  such 
other  duties  as  may  be  required  of  him  by  city  ordi- 
nances. 

SEC.  1 6.  The  treasurer  shall  receive  all  money  or 
funds  belonging  to  the  city,  and  shall  keep  an  accur- 
ate account  of  all  receipts  and  expenditures  in  such 
manner  as  the  city  council  shall  direct.  He  shall  pay 
all  funds  that  may  come  to  his  hand,  by  virtue  of  his 
office,  upon  orders  .signed  by  the  auditor  of  public 
accounts  ;  and  shall  report  to  the  city  council  a  true 
account  of  his  receipts  and  disbursements,  as  they  may 
require. 

SEC.  17.  The  city  council  shall  have  power,  with- 
in the  city,  by  ordinance,  to  annually  levy  and  collect 


CHAETER.  13 

taxes  on  the  assessed  value  of  all  property  in  the  city 
made  taxable  by  the  laws  of  the  Territory,  for  the  fol- 
lowing named  purposes,  to  wit:  Not  to  exceed  five 
mills  on  the  dollar  for  contingent  expenses,  nor  to  ex- 
ceed five  mills  on  the  dollar  to  open,  improve  and 
keep  in  repair  the  streets  of  the  city.  The  city  council 
is  further  empowered  to  divide  the  city  into  school 
districts,  provide  for  the  election  of  trustees,  appoint  a 
board  of  school  inspectors,  annually  assess  and  collect 
and  expend  the  necessary  tax  for  school  purposes  and 
for  furnishing  the  city  with  water  for  irrigating  and 
other  purposes,  and  regulate  and  control  the  same  ; 
and  furthermore,  so  far  as  may  be  necessary,  control 
the  water  courses  leading  thereto,  in  the  immediate 
vicinity  thereof. 

SEC.  18.  The  city  council  shall  have  the  manage- 
ment and  control  of  the  finances  and  property  of  said 
city. 

SEC.  19.  To  require  and  it  is  hereby  made  the 
duty  of  every  male  resident  of  the  city,  over  the  age 
of  eighteen  and  under  the  age  of  fifty  years,  to  labor 
not  to  exceed  two  days  in  each  year  upon  the  streets  ; 
but  every  person  may,  at  his  option,  pay  one  dollar 
and  fifty  cents  for  the  day  he  shall  be  so  bound  to 
labor  :  Provided,  it  be  paid  within  five  days  from  the 
time  he  shall  be  notified  by  the  street  supervisor.  In 
default  of  payment  as  aforesaid,  the  same  may  be  col- 
lected as  other  taxes. 

SEC.  20.  The  council  shall  have  power  to  bor- 
row money  for  city  purposes,  the  interest  of  which 
shall  not  exceed  one- fourth  of  the  city  revenue  arising 
from  taxes  of  the  previous  year. 


14  CHARTER. 

SEC.  21.  The  city  council  shall  have  power  by 
ordinance  to  regulate  the  form  of  the  assessment  rolls. 
The  annual  assessment  roll  shall  be  returned  by  the 
assessor  on  or  before  the  first  Monday  of  April  in  each 
year,  but  the  time  may  be  extended  or  additions  made 
thereto  by  order  of  the  city  council.  >0n  the  return 
thereof,  the  city  council  shall  fix  a  day  for  hearing  ob- 
jections thereto  ;  and  any  person  feeling  aggrieved  by 
the  assessment  of  his  property  may  appear  at  the  time 
specified  and  make  his  objections,  which  shall  be  heard 
and  determined  upon  by  the  city  council,  and  they 
shall  have  power  to  alter,  add  to,  take  from  and  other- 
wise correct  and  revise  said  assessment  roll. 

SEC.  22.  The  collector  shall  be  furnished,  within 
thirty  days  after  the  assessment  rolls  are  corrected, 
with  a  list  of  taxes  to  be  collected  ;  and  if  not  paid 
when  demanded,  the  collector  shall  have  power  to  col- 
lect said  taxes  with  interest  and  cost  by  suit  in  the  cor- 
porate name,  as  may  be  provided  by  ordinance.  The 
assessment  roll  shall  in  all  cases  be  evidence  on  the 
part  of  the  corporation. 

SEC.  23.  To  appropriate  and  provide  for  the  pay- 
ment of  the  expenses  and  debts  of  the  city. 

SEC.  24.  To  make  regulations  to  prevent  the  in- 
troduction of  contagious  diseases  into  the  city;  to 
make  quarantine  laws,  and  enforce  the  same  within  the 
city  and  around  it,  not  exceeding  twelve  miles  next 
beyond  the  bovndaries  thereof. 

SEC.  25.  To  establish  hospitals,  and  make  regula- 
tions for  the  government  of  the  same;  to  make  regula- 
tions to  secure  the  general  health  of  the  inhabitants; 


CHABTEK.  15 

to  declare  what  shall  be  nuisances,  and   prevent  and 
remove  the  same. 

SEC.  26.  To  provide  the  city  with  water ,  to  dig 
wells,  lay  pump  logs  and  pipes,  and  erect  pumps  in 
the  street  for  the  extinguishment  of  fires,  and  the  con- 
venience of  the  inhabitants. 

SEC.  27.  To  direct  or  prohibit  the  location  and 
management  of  houses  for  the  storing  of  gunpowder, 
tar,  pitch,  rosin  or  other  combustible  and  dangerous 
materials  within  the  city,  and  to  regulate  the  convey- 
ing of  gunpowder. 

SEC.  28.  To  exclusively  control,  regulate,  repair, 
amend  and  clear  the  streets,  alleys,  bridges,  sidewalks 
or  crosswalks,  and  open,  widen,  straighten  or  vacate 
streets  and  alleys  and  put  drains  or  ditches  and  sewers 
therein,  and  prevent  the  incumbering  of  the  streets  in 
any  manner  and  protect  the  same  from  any  encroach- 
ment and  injury. 

SEC.  29.  To  provide  for  the  lighting  of  the  streets 
and  erecting  lamp  posts  ;  to  erect  market  houses  and 
establish  markets  and  market  places,  and  provide  for 
the  government  and  regulation  thereof. 

SEC.  30.  To  provide  for  the  erection  of  all  need- 
ful buildings  for  the  use  of  the  city,  and  for  enclosing, 
improving  and  regulating  all  public  grounds  belong- 
ing to  the  city. 

SEC.  31.  To  license,  regulate,  prohibit  or  restrain 
the  manufacturers,  sellers  or  vendors  of  spirituous  or 
fermented  liquors,  tavern  keepers,  dram  or  tippling 


16  CHARTEK. 

shop  keepers,  boarding,  victualing  or  coffee  houses, 
restaurants,  saloons  or  other  houses  or  places  for  the 
selling  or  giving  away  of  wines  or  other  liquors, 
whether  ardent,  vinous,  or  fermented. 

SEC.  32.  To  license,  tax  and  regulate  auctioneers, 
merchants,  retailers,  grocers,  ordinaries,  hawkers, 
peddlers,  brokers,  pawnbrokers,  and  money  changers. 

SEC.  33.  To  regulate  the  selling  or  giving  away  of 
any  ardent  spirits  or  other  intoxicating  liquors  by  any 
shopkeeper,  grocer  or  trader,  to  be  drank  in  any  shop, 
store,  grocery,  outhouse,  yard,  garden  or  other  place 
within  the  city,  except  by  persons  or  at  places  duly 
licensed;  to  forbid  the  selling  or  giving  away  of  ardent 
spirits  or  other  intoxicating  liquors  to  any  child,  ap- 
prentice or  servant,  without  the  consent  of  his  or  her 
parent,  guardian,  master  or  mistress,  or  to  any  Indian. 

SEC.  34.  To  regulate  and  license  or  prohibit 
butchers,  and  to  revoke  their  license  for  malconduct  in 
the  course  of  trade;  and  to  regulate,  license  and  re- 
strain the  sale  of  fresh  meat  and  vegetables  in  the  city. 

SEC.  35.  To  license,  tax,  regulate,  suppress  or 
prohibit  billiard  tables,  pin  alleys,  nine  or  ten  pin  al- 
leys or  table  and  ball  alleys;  to  suppress  or  restrain 
all  disorderly  houses  and  groceries;  to  authorize  the 
destruction  and  demolition  of  all  instruments  and  de- 
vices used  for  the  purpose  of  gaming,  and  all  kinds  of 
gambling;  to  prevent  any  riot,  noise,  disturbance  or 
disorderly  assemblage;  and  to  restrain  and  punish 
vagrants,  mendicants,  street  beggars  and  prostitutes. 

SEC.  36.    To  regulate,  license,  suppress  or  pro- 


CHARTER.  17 

hibit  all  exhibitions  of  common  showmen,  shows  of 
every  kind,  concerts  or  other  musical  entertainments, 
exhibitions  of  natural  or  artificial  curiosities,  caravans, 
circuses,  theatrical  performances,  ball  rooms  and  all 
other  exhibitions  and  amusements. 

SEC.  37.  To  licene,  tax  and  regulate  hacking, 
carriages,  wagons,  carts  and  drays,  and  fix  the  rates  to 
be  charged  for  the  carriage  of  persons  and  for  wagon- 
age,  cartage  and  drayage  of  property;  as  also  to  license 
and  regulate  porters  and  fix  the  rates  of  porterage. 

SEC.  38.  To  provide  for  the  prevention  and  ex- 
tinguishment of  fires;  to  regulate  the  fixing  of  chim- 
neys and  flues  thereof  and  stove  pipes,  and  to  organize 
and  establish  fire  companies. 

SEC.  39.  To  regulate  and  order  parapet  walls  and 
other  partition  iences. 

SEC.  40.  To  establish  standard  weights  and  meas- 
ures to  be  used  in  the  city,  in  all  cases  not  provided 
for  by  law. 

SEC.  41.  To  provide  for  the  inspecting  and  meas- 
uring of  lumber  and  other  building  materials,  and  for 
the  measurement  of  all  kinds  of  mechanical  work. 

SEC.  42.  To  provide  for  the  inspection  and  weigh- 
ing of  hay,  lime  and  stone  coal,  and  the  measuring  of 
charcoal,  firewood  and  other  fuel  to  be  sold  or  used 
within  the  city. 

SEC.  43.  To  provide  for  and  regulate  the  inspec- 
tion of  tobacco,  beef,  pork,  flour  and  meal;  also  beer, 


18  CHARTEK. 

whisky  and  brandy,  and  all  other  spirituous  or  fer- 
mented liquors. 

SEC.  44.  To  regulate  the  weight  and  quality  and 
price  of  bread  sold  and  used  in  the  city. 

SEC.  45.  The  city  council  shall  have  exclusive 
power  within  the  city,  by  ordinance,  to  license,  regu- 
late or  restrain  the  keeping  of  ferries  and  toll  bridges. 

SEC.  46.  To  provide  for  the  taking  the  enumeration 
of  the  inhabitants  of  the  city;  to  regulate  the  burial  of 
the  dead,  and  registration  of  births  and  deaths;  to  di- 
rect the  returning  and  keeping  of  bills  of  mortality 
and  to  impose  penalties  on  physicians,  sextons,  and 
others  for  any  default  in  the  premises. 

SEC.  47.  To  prevent  horse  racing,  immoderate 
riding  or  driving  in  the  streets,  and  to  authorize  their 
being  stopped  by  any  person;  to  punish  or  prohibit 
the  abuse  of  animals,  to  provide  for  the  putting  up  of 
posts  in  front  of  city  lots  to  fasten  their  horses  and  other 
animals;  to  compel  the  fastening  of  horses,  mules, 
oxen  or  other  animals  attached  to  vehicles,  whilst 
standing  or  remaining  in  the  streets. 

SEC.  48.  To  prevent  the  incumbering  of  the  streets 
or  sidewalks,  lanes,  alleys  and  public  grounds,  with 
carriages,  tents,  wagons,  carts,  sleighs,  horses  or  other 
animals,  sleds,  wheelbarrows,  boxes,  lumber,  timber 
firewood,5posts,  awnings,  signs,  adobies  or  any  material 
or  substance  whatever. 

SEC.  49.  To  restrain,  regulate  or  prohibit  the  run- 
ning at  large  of  cattle,  mules,  sheep,  swine,  goats  and 


CHAETER.  19 

all  kinds  of  poultry;  and  to  authorize  the  distraining, 
impounding  the  same  and  collecting  penalty  and  cost 
incurred  thereby,  and  to  tax,  prevent  or  regulate  the 
keeping  of  dogs,  and  to  authorize  the  destruction  of 
the  same,  when  at  large  contrary  to  city  ordinance. 

SEC.  50.  To  compel  the  owner  or  occupant  of  any 
grocery,  cellar,  tallow  chandler  shop,  soap  factory, 
tannery,  stable,  barn,  privy,  sewer  or  any  unwholesome 
place  to  cleanse,  remove  or  abate  the  same  from  time 
to  time,  as  oft  as  may  be  necessary  for  the  health,  com- 
fort and  convenience  of  the  inhabitants  of  said  city. 

SEC.  51.  To  direct  the  location  and  management 
of,  and  regulate  breweries  and  tanneries,  and  to  direct 
the  location,  management  and  construction  of  and  re- 
strain or  prohibit  within  the  city  distilleries,  slaughter- 
ing establishments  and  all  establishments  and  places 
where  nauseous,  offensive  or  unwholsome  business  may 
be  carried  on. 

SEC.  52.  To  prevent  any  person  from  bringing, 
depositing  or  having  within  the  limits  of  the  city  any 
dead  carcass  or  any  unwholesome  substance,  and  to  re- 
quire the  removal  or  destruction  of  the  same  by  any 
person  who  shall  have  placed  or  caused  to  be  placed 
upon  or  near  his  premises  or  near  any  of  the  streams 
of  this  city  any  such  substance  or  any  putrid  or  un- 
sound beef,  pork  or  fish,  hides  or  skins  of  any  kind; 
and,  on  his  default,  to  authorize  the  removal  or  de- 
struction of  the  same  by  any  officer  of  said  city. 

SEC.  53.  To  direct  and  regulate  the  planting  and 
preserving  trees  in  the  streets  and  public  grounds,  and 


20  CHARTER. 

regulate  the  fencing  of  lots  within  the  boundaries  of 
the  city. 

SEC.  54.  To  prevent  the  ringing  of  bells,  the  blow- 
ing of  horns  and  bugles,  the  crying  of  goods  and  all 
other  noises,  performances  and  devices  tending  to  dis- 
turb the  peace  and  quiet  of  the  said  city. 

SEC.  55.  To  grant  and  issue  licenses  and  direct 
the  manner  of  issuing  and  registering  thereof.  Bonds 
may  be  taken  on  the  granting  of  licenses,  lor  the  ob- 
servance of  the  ordinances  of  the  city  council. 

SEC.  56.  To  require  every  merchant,  retailer, 
trader  and  dealer  in  merchandise  or  property  of  every 
description,  which  is  sold  by  measure  or  weight,  to 
cause  their  weights  and  measures  to  be  sealed  by  the 
city  sealer  and  to  be  subject  to  his  inspection,  the  stand- 
ard of  which  weights  and  measures  shall  be  conform- 
able to  those  established  by  law. 

SEC.  57.  The  city  council  shall  have  power  to 
make  such  ordinances  and  resolutions,  not  contrary  to 
the  Constitution  and  laws  of  the  United  States  and  the 
laws  of  the  Territory,  as  may  be  necessary  and  ex- 
pedient to  carry  into  effect  the  powers  vested  in  the  city 
council  or  any  officer  of  said  city  by  this  act,  and  en- 
force observance  of  all  ordinances  and  resolutions 
made  in  pursuance  of  this  act  by  penalties  not  exceed- 
ing one  hundred  dollars  or  imprisonment  not  to  exceed 
six  months,  or  both. 

SEC.  58.  The  city  council  shall  have  exclusive  au- 
thority and  power  to  establish  and  regulate  the  police 
of  the  city;  to  impose  fines,  forfeitures  and  penalties 


CHARTER.  21 

for  the  breach  of  any  ordinances;  to  provide  for  the 
recovery  of  such  fines  and  forfeitures  and  the  enforce- 
ment of  such  penalties,  and  to  pass,  make,  ordain,  es- 
tablish and  execute  all  such  ordinances,  not  repugnant 
to  the  Constitution  and  laws  of  the  United  States  or  the 
laws  of  this  Territory,  as  they  may  deem  necessary  for 
carrying  into  effect  and  execution  the  powers  specified 
in  this  act,  and  for  the  peace,  good  order,  regulation, 
convenience  and  cleanliness  of  the  city,  for  the  protec- 
tion of  property  therein  from  destruction  by  fire  or 
otherwise,  and  for  the  health,  safety  and  happiness  of 
the  inhabitants  thereof. 

SEC.  59.  To  provide  for  the  punishment  of  offen- 
ders and  vagrants  by  imprisonment  in  the  county  or 
city  jail,  or  by  compelling  them  to  labor  on  the  streets- 
or  other  public  works  until  the  same  shall  be  fully 
paid  in  all  cases  where  such  offenders  or  vagrants  shall 
fail  or  refuse  to  pay  the  fines  and  forfeitures  which 
may  be  awarded  against  them. 

SEC.  60.  All  ordinances  passed  by  the  city  coun- 
cil shall,  within  one  month  after  they  shall  have  been 
passed,  be  published  in  some  newspaper  printed  in 
said  city,  or  certified  copies  thereof  be  posted  up  in 
three  of  the  most  public  places  in  the  city. 

SEC.  61.  All  ordinances  of  the  city. may  be  prov- 
en by  the  seal  of  the  corporation,  and,  when  printed 
or  published  in  book  form,  purporting  to  be  printed  or 
published  by  the  authority  of  the  city  council,  the 
same  shall  be  received  in  evidence  in  all  courts  or 
places  without  further  proof. 

SEC.  €2.     When  it  shall  be  necessary  to  take  pri- 


22  CHARTER. 

vate  property  for  opening,  widening,  or  altering  any 
public  street,  lane,  avenue  or  alley,  the  corporation 
shall  make  a  just  compensation  therefor  to  the  person 
whose  property  is  so  taken;  and  if  the  amount  of  such 
compensation  cannot  be  agreed  upon,  the  mayor  shall 
cause  the  same  to  be  ascertained  by  a  jury  of  six  dis- 
interested men,  who  shall  be  inhabitants  of  the  city. 

SEC.  63.  All  jurors  impaneled  to  enquire  into  the 
amounts  of  benefit  or  damages  that  shall  happen  to  the 
owners  of  property  so  proposed  to  be  taken,  shall  first 
be  sworn  to  that  effect,  and  shall  return  to  the  mayor 
or  presiding  officer  of  the  city  council,  their  inquest  in 
writing,  signed  by  each  juror. 

SEC.  64.  All  ordinances,  resolutions  and  regula- 
tions now  in  force  in  Ogden  City,  and  not  inconsistent 
with  this  act,  shall  remain  in  force  until  altered,  modi- 
fied or  repealed  by  the  city  council  after  this  act  shall 
take  effect. 

SEC.  65.  All  actions,  rights,  fines,  penalties  and 
forfeitures,  in  suit  or  otherwise,  which  have  accrued 
under  the  ordinance  incorporating  Ogden  City,  shall  be 
vested  in  and  prosecuted  by  the  corporation  hereby 
created. 

SEC.  66.  All  plots  and  surveys  of  lands,  lots  or 
other  places  within  said  city,  heretofore  surveyed  by 
the  surveyor,  and  all  plots  and  surveys  of  lands,  lots 
or  other  places  that  may  be  hereafter  surveyed,  and  all 
certificates  of  surveys  given  by  him,  shall  be  deemed 
valid  by  this  act. 

SEC.  67.    All  property,  now  belonging  to  Ogden 


CHARTER.  23 

City,  is  hereby  vested  in  the  corporation  created  by 
this  act;  and  the  officers  of  said  corporation  now  in 
office  shall  respectively  continue  in  the  same,  until  su- 
perseded in  conformity  to  the  provisions  thereof,  but 
shall  be  governed  by  this  act. 

SEC.  68.  This  act  shall  not  invalidate  any  act  done 
by  the  present  city  council  of  Ogden  City,  or  by  its 
officers,  nor  divest  their  successors  under  this  act  of 
any  right,  property  or  otherwise,  or  liability  which 
may  have  accrued  to  or  been  created  by  said  council 
prior  to  the  passage  of  this  act. 

SEC.  69.  All  officers  of  the  city,  created  conser- 
vators of  the  peace  by  this  act,  shall  have  power  to  ar- 
rest, or  cause  to  be  arrested,  with  or  without  process, 
all  persons  who  shall  break  the  peace;  commit  for  ex- 
amination, and,  if  necessary,  detain  such  persons  in 
custody  forty- eight  hours  in  the  city  prison  or  other 
safe  place,  and  shall  have  and  exercise  such  other 
powers,  as  conservators  of  the  peace,  as  the  city  coun- 
cil may  prescribe. 

SEC.  70.  Nothing  in  this  act  shall  be  so  construed 
as  to  deprive  the  present  city  council  of  Ogden  City  of 
any  power  or  authority  conferred  upon  them  by  the 
ordinance  incorporating  said  city,  and  the  act  amenda- 
tory thereto;  but  said  city  council  shall  possess,  exer- 
cise and  enjoy  all  the  powers  and  authority  heretofore 
conferred  upon  them,  except  so  far  as  such  powers  and 
authority  have  been  expressly  modified  or  repealed  by 
this  act,  until  said  city  council  are  superseded  by  the 
election  and  qualification  of  their  successors  under  this 
act. 


24  CHARTER. 

SEC.  71.  That  an  ordinance  to  incorporate  Ogden 
City,  approved  February  6th,  1851,  be  and  is  hereby 
repealed,  and  an  act  in  relation  to  the  assessment  and 
collection  and  expenditure  of  a  tax  for  road  and  other 
purposes  within  incorporated  cities,  approved  January 
4th,  1853,  so  far  as  the  same  applies  to  Ogden  City,  be 
and  is  hereby  repealed. 

SEC.  72.  The  city  council  shall  cause  to  be  pub- 
lished in  some  newspaper  published  in  Ogden  City,  or 
posted  up  in  three  public  places,  on  or  before  the  first 
day  of  December  in  each  year,  a  statement  of  the 
amount  of  the  city  revenue,  specifying  in  said  state- 
ment whence  derived  and  for  what  disbursed. 

Approved  January  18,  1861. 


AN   ACT  AMENDING   THE   CHARTERS   OF 
INCORPORATED   CITIES. 

SEC.  1.  Be  it  enacted  by  the  Governor  and  Legis- 
lative Assembly  of  the  Territory  of  Utah:  That  the 
mayor  and  aldermen  of  each  incorporated  city  shall  be 
justices  of  the  peace  within  the  limits  of  their  respec- 
tive cities,  and  be  commissioned  as  such  by  the  gover- 
nor; and  shall  have  jurisdiction  in  cases  arising  under 
the  rules,  laws  and  ordinances  thereof;  also  in  cases 
arising  under  the  laws  of  the  Territory;  and  all  fines, 
penalties  and  forfeitures  collected  by  them,  arising 
under  the  ordinances  of  said  city,  shall  be  paid  into 
the  treasuries  of  their  respective  cities,  and  all  fines, 


CHARTER.  25 

penalties  and  forfeitures  collected  by  them,  arising 
under  the  laws  of  the  Territory,  shall  be  paid  into 
their  respective  county  treasuries. 

SEC.  2.  All  cases  .arising  under  the  ordinances  of 
any  city,  may  be  commenced  by  affidavit  and  warrant 
issued  thereon:  Provided,  any  officer  having  probable 
cause  to  believe  an  offense  has  been  committed,  may 
arrest  any  supposed  offender,  before  affidavit  filed  or 
warrant  issued.  The  affidavit  shall  be  sufficient,  if  it 
refer  to  the  ordinance  by  its  title  and  date. 

SEC.  3 .  The  city  council  of  any  city  shall  have 
power  to  provide  by  ordinance  for  imprisonment  and 
forfeiture  in  cases  of  violation  of  city  ordinance:  Pro- 
vided, that  justices  of  the  peace,  within  and  for  the 
respective  cities,  shall  have  exclusive  jurisdiction  in 
all  cases  of  fines  for  crimes  or  misdemeanors,  arising 
under  the  ordinances  of  the  city,  where  the  fine  does 
not  exceed  one  hundred  dollars,  or  imprisonment  not 
exceeding  six  months,  or  both  fine  and  imprisonment. 

SEC.  4.     (Repealed.) 

SEC.  5.  The  city  councils  of  the  respective  cities, 
for  the  purpose  of  protecting  property  against  loss  by 
fire,  may,  by  ordinance,  define  the  limits  of  fire  dis- 
tricts, and  prohibit  the  erection  of  wooden  buildings 
therein. 

SEC.  6.  To  license,  tax  and  regulate  lawyers, 
surgeons,  physicians,  dentists  and  other  like  profes- 
sions; and  prevent,  by  penalties,  quacks  and  other 
pretenders. 


26  CHARTER. 

SEC.  7.  To  license,  tax  and  regulate  bankers, 
agents,  expressmen,  express  companies,  telegraphers, 
photographers,  assay ers,  smelters,  erushers,  and  other 
like  occupations  or  pursuits. 

SEC.  8.  The  city  councils  of  the  respective  cities 
are  hereby  empowered  by  ordinance  to  prevent,  pun- 
ish or  prohibit  every  kind  of  fraudulent  device  and 
practice,  and  all  games  of  hazard;  and  punish  the 
keepers  of  houses  wherein  the  same  is  conducted. 

SEC.  9.  To  license,  tax,  regulate  and  suppress 
billiard  tables,  pin  alleys,  or  tables  and  ball  alleys;  to 
suppress  or  restrain  bawdy  and  other  disorderly  hous- 
es, and  punish  the  keepers  thereof. 

SEC.  10.  So  much  of  the  city  charters  of  the  sev- 
eral cities  as  conflict  with  the  foregoing  sections  of  this 
act,  are  hereby  repealed. 

SEC.  11.     (Amended  Salt  Lake  City  charter.) 
Approved  February  15,  1872. 


AN   ACT  AMENDING   CERTAIN   CHARTERS   OF 
INCORPORATED   CITIES. 

SEC.  1.  Be  it  enacted  ~by  the  Governor  and  Legis- 
lative Assembly  of  the  Territory  of  Utah:  That  the 
city  councils  of  Ogden,  Provo,  Logan  and  Corinne  cit- 
ies respectively,  shall  -have  power,  and  are  hereby 
authorized : 


CHAKTER.  27 

First— To  license,  tax  and  regulate  livery  stables. 

Second — To  license,  tax  and  suppress  hackmen, 
draymen,  carters,  porters,  omnibus  drivers,  cabmen, 
packers,  carmen  and  all  others  who  may  pursue  like 
occupations,  with  or  without  vehicles,  and  prescribe 
their  compensation. 

Third — To  establish,  erect  and  control  hospitals, 
infirmaries  and  medical  colleges;  to  purchase  grounds 
for  their  erection  and  improve  and  adorn  the  same. 

Fourth — To  purchase  and  improve  suitable  grounds 
for  a  house  of  correction;  to  erect  a  jail  and  other 
buildings  thereon,  and  adopt  such  rules  and  regula- 
tions for  the  government  and  punishment  of  offenders 
therein,  as  said  respective  city  councils  may  from  time 
to  time  deem  expedient. 

Fifth — To  direct  and  control  the  locations  of  rail- 
road tracks  and  depot  grounds  within  the  city,  and 
regulate  or  prohibit  the  use  of  locomotive  engines 
thereon,  and  may  require  the  cars  to  be  used  within 
the  inhabited  portions  thereof  to  be  drawn  or  pro- 
pelled by  other  power  than  that  of  steam. 

Sixth — To  regulate  and  control  the  locations  of 
gasworks,  canals,  telegraph  poles,  and  all  improve- 
ments of  a  similar  nature. 

Seventh— To  restrain,  regulate  or  prohibit  the  run- 
ning at  large  of  cattle,  horses,  mules,  sheep,  swine, 
goats,  and  all  kinds  of  poultry;  and  to  authorize  the 
distraining,  impounding  or  sale  of  the  same,  for  the 
penalty  and  costs  incurred  thereby;  and  to  impose 
penalties  for  any  violation  of  city  ordinance  in  relation 
thereto. 

SEC.  2.  The  respective  city  councils  of  the  afore- 
said cities  shall  have  power  to  levy  and  collect  on  real 
estate  (or  land  claims  and  improvements  thereon)  in 


28  CHARTER. 

any  district  or  divisions  benefited,  within  the  limits  of 
their  respective  cities,  a  sufficient  tax  to  defray  the  ex- 
penses of  leveling,  paving,  macadamizing  or  planking, 
and  opening  and  keeping  in  repair  the  streets  and  side- 
walks, 01  constructing  sewers  and  drains,  and  keeping 
the  same  in  repair,  and  of  erecting  lamps  and  lighting 
the  streets  in  such  respective  districts  or  divisions: 

Provided,  the  money  thus  raised  shall  be  exclus- 
ively expended  for  such  purpose  in  the  district  where 
such  taxes  are  assessed,  and  by  such  person  or  persons 
as  the  city  council  may  appoint.  The  amount  to  be 
assessed  for  any  such  improvement  shall  be  determined 
by  the  respective  city  councils,  who  shall  appoint 
three  commissioners,  reputable  citizens,  to  make  such 
assessment,  who  shall  be  sworn  to  faithfully  and  im- 
partially execute  their  duties. 

Before  entering  on  their  duties,  the  commissioners 
shall  give  six  days'  notice  of  the  time  and  place  of 
meeting,  to  all  persons  interested.  The  commissioners 
shall  assess  the  amount,  directed  by  their  respective 
city  councils,  on  the  real  estate  (or  land  claims  and  im- 
provements), by  them  deemed  benefited  by  any  such 
improvement  in  proportion  to  the  benefit  resulting 
thereto. 

When  the  commissioners  of  their  respective  cities 
shall  have  completed  this  assessment  and  made  a  cor- 
rect copy  thereof,  they  shall  deliver  the  same  to  the 
city  recorder  within  thirty  days  after  their  appointment, 
signed  by  all  the  commissioners.  The  city  recorder 
shall  cause  a  notice  to  be  published  to  all  persons  in- 
terested, of  the  completion  of  the  assessment,  and  the 
time  and  place  shall  be  designated  therein,  when  the 
city  council  shall  hear  appeals  and  objections  and'cor- 
rect  or  confirm  said  assessment. 

When  the  said  assessment  shall  have  been  com- 


CHARTER.  29 

pleted,  the  city  recorder  shall,  within  ten  days  there- 
after, make  a  correct  tax  list,  which  shall  be  delivered 
to  the  collector  or  any  authorized  agent,  appointed  by 
the  city  council,  who  shall  collect  said  taxes  within 
such  time  as  may  be  prescribed  by  said  council. 

If  any  assessment  is  set  aside  by  order  of  any 
court,  the  city  council  may  cause  a  new  one  to  be  made 
in  like  manner  for  the  same  purpose,  for  the  collection 
of  the  amount  so  assessed. 

If  the  first  assessment  prove  insufficient,  another 
may  be  made  in  the  same  manner,  or  if  too  large  a  sum 
shall  at  any  time  be  raised,  the  excess  shall  be  refund- 
ed, ratably,  to  those  by  whom  it  was  paid. 

Approved  February  15,  1872. 


AN   ACT  AMENDING  THE    CHARTERS    OF 
INCORPORATED  CITIES. 

SEC.  1. — Be  it  enacted  by  the  Governor  and  Legis- 
lative Assembly  of  ihe  Territory  of  Utah: — That 
tite  city  councils  of  the  respective  cities  of  this  Ter- 
ritory are  hereby  empowered,  by  ordinance  and  en- 
forcement thereof,  to  compel  persons  to  keep  the  side- 
walks in  front  of  their  respective  places  of  business 
free  from  obstructions. 

SEC.  2.  To  construct  water  works  and  reservoirs, 
lay  water  pipes,  erect  hydrants,  and  to  keep  the  same 
in  repair,  to  supply  the  said  cities  with  water,  and  re- 
gulate, control  and  protect  the  same,  and  for  such 


30  CHARTEB. 

purposes  the  city  council  of  any  city  ahall  have  power 
to  levy  and  collect  a  tax  on  real  estate  in  any  district 
or  division  of  such  city  specially  benefited  by  any 
such  improvement,  sufficient  to  defray  the  expenses 
thereof :  Provided,  That  an  amount  equivalent  to  the 
money  thus  raised  shall  be  expended  for  such  pur- 
poses exclusively  within  the  district  where  such  taxes 
are  assessed  and  by  such  person  or  persons  as  said 
city  council  may  appoint.  The  city  council  of  the 
city  where  such  tax  may  be  levied,  shall  determine  the 
amount  to  be  assessed  for  any  of  the  purposes  above 
named  ;  and  the  assessment  sh.au  pe  apportioned  in  the 
district  to  be  benefited  by  the  improvement  in  which 
such  assessment  is  made,  either  according  to  the  ex- 
tent of  frontage  of  the  property  to  be  assessed,  or 
upon  real  estate,  including  the  improvements  there- 
on, and  in  proportion  to  the  benefits  respectively 
resulting  thereto  by  virtue  of  such  improvement,  as 
may  be  directed  by  such  city  council,  but  in  no  case 
shall  such  assessment  exeeed  one  half  of  one  per  cent, 
on  the  property  assessed;  Provided,  That  if  the  ap- 
portionment is  according  to  frontage,  due  allowance 
may  be  made  in  case  of  corner  lots.  Such  city 
council  shall  appoint  three  commissioners,  reputable 
citizens,  who  shall  be  sworn  to  faithfully  and  impar- 
tially execute  their  duties.  Before  entering  upon 
their  duties,  the  commissioners  shall  give  at  least  six 
days'  notice  bv  publication  in  some  newspaper  of  gen- 
eral circulation  in  such  city,  or  otherwise,  as  may  be 
directed  by  such  city  council,  to  all  persons  interested. 
The  commissioners  shall  assess  the  amount  according 
to  the  apportionment  previously  directed  by  such  city 
council,  on  the  real  estate  benefited  by  such  improve- 
ment. When  the  commissioners  shall  have  completed 
their  assessment  and  made  a  correct  copy  thereof,  they 


CHARTEK.  31 

shall  deliver  the  same  to  the  city  recorder,  of  such 
city,  within  thirty  days  after  their  appointment,  signed 
by  all  the  commissioners.  The  city  recorder  shall 
cause  a  notice  to  be  published  to  all  persons  interest- 
ed, of  the  completion  of  the  assessment,  and  the  time 
and  place  shall  be  designated  therein  when  such  city 
council  shall  hear  appeals  and  objections  and  correct 
and  affirm  said  assessment.  When  said  assessment 
shall  have  been  completed,  such  city  recorder  shall, 
within  ten  days  thereafter,  make  a  correct  tax  list 
which  shall  be  delivered  to  the  city  collector  of  said 
city  or  any  other  authorized  agent  appointed  by  such 
city  council,  who  shall  immediately  proceed  to  collect 
such  taxes,  with  the  same  authority,  and  in  like  man- 
ner, as  other  taxes  are  collected  in  such  city.  If  the 
first  assessment  prove  insufficient,  another  may  be 
made  in  the  same  manner,  or,  if  too  large  a  sum  shall 
at  any  time  be  raised,  the  excess  shall  be  refunded, 
ratably,  to  those  by  whom  it  was  paid. 

SEC.  3.  When  improvements,  of  the  kind  men- 
tioned in  the  preceding  section,  have  been  made  in  any 
city,  and  the  expense  thereof  has  been  paid  out  of  the 
general  funds  of  such  city,  or  the  obligation  therefor 
has  been  incurred  by  it,  the  city  council  thereof  shall 
cause  to  be  levied  and  collected  a  sufficient  tax  on 
the  real  estate  especially  benefited  by  any  such,  im- 
provement, or  improvements,  for  the  purpose  of  reim- 
bursing such  city  for  the  costs  thereof ;  the  levy  and 
collection  of  such  tax  to  be  made  in  the  manner  pro- 
vided in  the  preceding  section. 

SEC.  4.  Every  assessment  made  in  accordance 
with  the  foregoing  provisions  from  the  date  of  the 


32  CHARTER. 

completion  thereof  shall  be  a  lien  upon  the  real  estate 
upon  which  it  is  levied. 

SEC.  5.  That  in  convictions  for  misdemeanor  (as 
defined  by  the  Penal  Code  of  Utah,  approved  Febru- 
ary 18,  1876,)  committed  *  ithin  the  limits  of  any  city, 
where  the  arrest  is  made  by  an  officer  of  such  city,  the 
fines  accruing  therefrom  shall  be  paid  into  the  treasury 
of  said  city,  and  the  imprisonment  shall  be  in  the  city 
jail  thereof,  or  in  the  county  jail  at  the  expense  of 
such  city. 

SEC.  6.  All  city  recorders,  treasurers,  marshals 
and  assessors  and  collectors,  shall  be  elected  by  the 
people  in  the  same  manner  and  for  the  same  term,  as 
members  of  the  city  council  are  elected. 

SEC.  7.  No  member  of  any  c'ty  council  shall 
hold  or  be  appointed  to  any  office  which  shall  have 
been  created,  or  the  salary  of  emoluments  of  which 
shall  have  been  increased  while  he  Wcis  a  member,  dur- 
ing the  term  for  which  he  was  elected  and  for  one  year 
after  the  expiration  of  such  term. 

Approved  February  22, 1878. 


AN   ACT  AMENDING  AN   ACT  AMENDING  THE   CHARTERS 

OF  INCORPORATED  CITIES,   APPROVED 

FEBRUARY  22,  1878. 

SEC.  1.     Be  it  enacted  by  the  Governor  and  Legis- 
lative Assembly  of  the  Territory  of  Utah:  That  section 


CHARTER.  33 

2  of  "An  Act  amending  the  Charters  of  Incorporated 
Cities,"  approved  February  twenty-second,  eighteen 
hundred  and  seventy-eight,  is  hereby  amended  by 
striking  out  all  the  words  from  the  word  "and,"  in 
the  twenty-second  line,  to  the  word  "assessed"  inclu- 
sive, in  the  twenty-sixth  line,  and  inserting  the  follow- 
ing in  lieu  thereof:  "In  proportion  to  the  benefits 
respectively  resulting  thereto  by  virtue  of  such  im- 
provement, as  may  be  directed  by  such  City  Council," 
and  by  inserting  after  the  words  "such  city,"  in  the 
fifty-  sixth  line  of  said  section,  the  words:  "Provided, 
That  in  no  case  shall  more  than  fifty  per  cent,  of  any 
tax  assessed  under  this  Act  be  collected  in  any  one 
year." 

SEC;  2.  That  section  3  of  the  before-mentioned 
Act  is  hereby  amended  by  striking  out  the  word 
"when,"  at  the  commencement  of  said  section,  and 
inserting  the  word  "where"  in  lieu  thereof. 

Approved  February  20,  1880. 


AN  ACT  TO  AMEND  AN  ACT  TO  INCORPORATE  OGDEN  CITY, 
APPROVED  JANUARY   18,    1861. 

SEC.  1.  Be  it  enacted  by  tJie  Governor  and  Legis- 
lative Assembly  of  the  Territory  of  UtaJi:  That  "An 
Act  incorporating  Ogden  City,"  approved  January  18, 
1861,  is  hereby  amended  as  follows:  The  twenty-first 
section  of  said  Act  is  hereby  amended  by  striking 
out  from  the  third  line  the  word  "April,"  and  insert- 
ing in  lieu  thereof  the  word  "June." 


34  CHARTEK. 

SEC.  2.  The  twenty-second  section  of  said  Act  is 
hereby  amended  by  adding  after  the  word  "name/'  in 
the  fourth  line  of  said  section,  the  words  "or  by 
distress  and  sale  of  any  property  belonging  to  persons 
so  indebted." 

SEC.  3.  The  fifty-seventh  section  of  said  Act  is 
hereby  amended  by  striking  out  from  the  sixth  and 
seventh  lines  thereof,  the  words  "not  exceeding  one," 
and  inserting  in  lieu  thereof  the  words  "in  any  sum 
less  than  three." 

SEC.  4.  Any  person  elected  to  any  office  may  be 
removed  for  cause  from  such  office  by  a  vote  of  two- 
thirds  of  the  City  Council;  he  shall  be  furnished  with 
the  charges,  and  have  an  opportunity  to  be  heard  in 
his  defense;  and  the  Council  shall  have  power  to  com- 
pel the  attendance  of  witnesses,  and  the  production  of 
papers  when  necessary. 

SEC.  5.  The  City  Council  shall  have  the  right  and 
power,  by  ordinance,  to  appropriate  from  time  to  time, 
so  much  of  the  water  of  any  spring  or  stream  flowing 
in  or  into  said  city,  or  which  may  be  near  or  adjacent 
to  said  city,  as  it  may  deem  necessary  for  the  present 
or  future  use  of  said  city  and  its  inhabitants;  and  any 
ordinance  which  it  may  have  already  enacted,  or  which 
it  shall  hereafter  enact,  appropriating  the  water  of  any 
such  spring  or  stream,  shall,  from  date  thereof,  be 
deemed  and  taken  to  be  an  appropriation  of  such 
water,  and  said  City  Council  may  prohibit  any  person 
from  using  or  appropriating  such  water  without  per- 
mission from  the  proper  city  authorities:  Provided, 
That  this  section  shall  not  authorize  said  City  Council 
to  appropriate  any  water  previously  appropriated  by 


CHARTER.  35 

any  person,  nor  to  interfere  with  any  vested  rights  then 
existing  in  any  such  water. 

SEC.  6.  That  the  City  Council  shall  have  the  right 
and  authority  to  borrow,  not  exceeding  twenty-live 
thousand  dollars  of  money  as  a  direct  loan  to  the  city,  or 
to  issue  bonds  of  the  city,  payable  within  ten  years,  at 
such  time  and  place  and  bearing  such  rate  of  interest, 
not  exceeding  seven  per  cent,  per  annum,  payable 
semi-annually  or  yearly,  as  it  may  deem  expedient, 
and  it  may  also  provide  that  such  bonds  or  indebt- 
edness shall  not  be  liable  to  taxation  by  the  city: 
Provided,  That  the  money  borrowed,  or  the  pro- 
ceeds of  such  bonds  shall  be  expended  for  the  erec- 
tion of  water  works  for  the  city,  within  or  with- 
out the  corporation,  after  due  notice  given  in  the 
manner  provided  by  law  for  notice  of  general  election 
in  said  city,  which  notice  shall  state  the  objects  and 
amount  of  the  proposed  loan  or  issue  of  bonds,  the 
rate  of  interest,  and  time  and  place  of  payment  of  the 
debt  or  bonds,  and  the  electors  shall  vote  "yes"  or 
"no,"  on  each  proposition.  If  a  two-thirds  majority 
of  the  voters  of  the  property  taxpayers  cast,  are  in  the 
affirmative,  the  City  Council  may  proceed  to  borrow 
the  money  or  issue  the  proposed  bonds  in  such  de- 
nominations or  sums  as  they  may  deem  proper,  and  to 
sell  the  same.  But  said  bonds  shall  not  be  sold  for 
less  than  their  par  value,  nor  shall  they,  or  any  debt 
created  pursuant  to  the  provisions  of  this  Act,  bear  a 
greater  rate  of  interest  than  seven  percent,  per  annum, 
payable  annually  or  semi-annually. 

Approved  February  20,  1880. 


REVISED    ORDINANCES 


OF 


OGDEN   CITY. 

(CONSOLIDATED.) 


AN   ORDINANCE   REVISING   AND   CONSOLIDATING   THE 
ORDINANCES   OF   OGDEN   CITY. 

WHEREAS,  It  is  desirable  and  expedient  that  the 
ordinances  of  Ogden  City  should  be  revised  and  con- 
solidated, and  arranged  in  appropriate  chapters  and 
sections  ;  that  omissions  should  be  supplied  and 
defects  amended,  and  that  the  whole  should  be  render- 
ed plain  and  concise,  intelligible  to  all,  and  in  harmony 
with  the  laws  of  this  Territory  ;  therefore, 

Be  it  ordained  by  the  City  Council  of  Ogden  City, 
in  manner  following,  that  is  to  say: 


38  ORDINANCES. 


CHAPTER  I. 

V 

THE  CITY   CHARTER   TO   HAVE  THE  FORCE  AND  EFFECT 
OF   AN   ORDINANCE. 

SEC.  1.    Force  and  effect  of  the  City  Charter. 
SEC.  2.    Penalty  for  violating  its  provisions. 

SEC.  1.  The  act  of  incorporation  of  Ogden  City, 
approved  January  18,  1861,  and  all  acts  amendatory 
thereof,  are  hereby  declared  to  have  the  same  force 
and  effect  within  the  limits  of  said  city  as  if  the  pro- 
visions thereof  had  been  specially  ordained  by  the  City 
'Council  of  said  city. 

SEC.  2.  The  punishment  for  the  violation  of  any 
of  the  provisions  of  said  act  of  incorporation,  and  of 
all  acts  amendatory  thereof,  and  of  all  ordinances  of 
said  city  when  no  other  penalty  is  prescribed,  shall  be 
by  fine  not  exceeding  one  hundred  dollars,  or  by  im- 
prisonment not  exceeding  six  months,  or  by  both  fine 
and  imprisonment  at  the  discretion  of  the  court. 

Approvel  January  27,  1881. 


ORDINANCES. 


CHAPTER  II. 

MEETINGS   OF   THE   CITY  COUNCIL. 

SEC.  1.    Regular  and  special  meetings. 

SEC.  1.  The  City  Council  shall  hold  their  regular 
sessions  on  the  first  and  third  Friday  of  every  month, 
provided  that  such  meetings  do  not  occur  on  legal  hol- 
idays, and  may  hold  adjourned  meetings,  from  time  to 
time,  as  business  may  require  ;  and  the  Mayor  or  any 
two  Aldermen  may  call  special  meetings  by  notice  to 
each  of  the  members  of  said  Council,  served  by  the 
Marshal  or  left  at  their  respective  places  of  abode. 

Approved  January  27,  1881. 


CHAPTER  III. 

AUTHORIZING   THE  MAYOR  TO  SIGN  PAPERS. 
SEC.  1.    Authorization. 

SEC.  1.  The  Mayor  of  Ogden  City  is  hereby 
authorized  to  sign  his  name  officially  for  and  on  behalf 
of  Ogden  City ;  and  to  make  the  necessary  oaths  and 


40  ORDINANCES. 

acknowledgments  to  deeds,  bonds,  bills,  notes,  con- 
tracts and  obligations,  when  the  same  are  authorized 
by  the  City  Council ;  and  to  seal  and  deliver  the  same, 
as  the  act  and  deed  of  said  city  when  it  is  a  party,  and 
such  signature  is  necessary. 

Approved  January  27,  1881. 


CHAPTER  IV. 

ESTABLISHING   THE   CITY   SEAL. 

SEC.  1.    Impression. 

SEC.  1.  The  seal  heretofore  provided  and  used  by 
and  for  Ogden  City,  described  as  follows:  One  and 
five- eighths  inches  in  diameter,  the  impression  of  which 
represents  a  beehive  on  a  stand  in  the  centre,  with  a 
rose  on  either  side  of  the  bee  hive,  with  bees  surround- 
ing the  hive,  and  an  inscription  around  the  outer  edge 
thereof  of  "Ogden  City,  U.  T.,  Corporate  Seal,"  is 
hereby  declared  to  have  been,  that  it  now  is  and  here- 
after shall  be  the  Corporate  Seal  of  Ogden  City. 

Approved  January  27, 1881. 


ORDINANCES.  41 


CHAPTER  V. 

IN   RELATION  TO  CITY   ORDINANCES. 

SEC.  1.  Repeal  of  ordinances  not  to  bar  proceedings. 

SEC.  2.  Construction  of  terms. 

SEC.  3.  Plural  to  include  singular. 

SEC.  4.  Masculine  to  include  feminine,  and  individual  to  include  corpor- 
ations. 

SEC.  5.  Repealing  ordinance  itself  repealed  not  to  revive  the  former 
ordinance. 

SEC.  6.  Ordinances  last  passed  to  be  enforced. 

SEC.  1.  No  action,  cause  of  action,  prosecution, 
suit  or  proceeding,  pending  at  the  time  any  ordinance 
or  resolution,  or  any  part  thereof,  shall  be  repealed, 
shall,  in  any  way,  be  affected  by  such  repeal ;  but  all 
such  actions,  causes  of  action,  prosecutions,  suits  or 
proceedings,  shall,  in  all  respects,  continue  as  if  such 
ordinance  or  resolution,  or  any  part  thereof,  had  not 
been  repealed. 

SEC.  2.  Whenever  the  term  "heretofore"  occurs 
in  any  ordinance  or  resolution,  it  shall  be  construed  to 
mean  any  time  previous  to  the  day  when  such  ordin- 
ance or  resolution  takes  effect ;  and  whenever  the  term 
" hereafter''  occurs,  it  shall  be  construed  to  mean  any 
time  after  such  ordinance  or  resolution  takes  effect. 

SEC.  3.  Whenever,  in  an  ordinance  or  a  resolu- 
tion, words  in  the  plural  number  are  used  in  describing 
or  referring  to  any  matters,  parties  or  persons,  any 


42  ORDINANCES. 

single  matter,  party  or  person  shall  be  deemed  to  be 
included,  and  mce  vsrsa. 

SEC.  4.  Whenever  any  subject,  matter,  party  or 
person,  is  referred  to  in  any  ordinance  or  resolution  by 
words  importing  the  singular  number  or  the  masculine 
gender,  such  words  shall  be  deemed  to  include  the 
plural  number  and  feminine  gender,  and  bodies  cor- 
porate as  well  as  individuals.  This  rule  shall  apply  in 
all  cases,  unless  otherwise  expressly  provided  in  any 
ordinance  or  resolution,  or  there  be  in  the  subject  or 
context  something  repugnant  to  such  construction. 

SEC.  5.  When  any  ordinance  repealing  a  former 
ordinance,  clause,  or  provision,  shall  itself  be  repeal- 
ed, such  repeal  shall  not  be  construed  to  revive  such 
former  ordinance,  clause,  or  provision,  unless  it  be  ex- 
pressly provided. 

SEC.  6.  If  any  ordinance  or  resolution  shall  be 
found  to  be  in  conflict  with  or  repugnant  to  any  other 
ordinance  or  resolution,  that  which  shall  have  last 
been  approved  shall  prevail ;  and  so  much  and  such 
parts  of  any  prior  ordinance,  provision  or  resolution, 
as  shall  be  inconsistent  with  such  last  ordinance, 
clause,  provision  or  resolution,  shall  be  deemed  to  be 
repealed  thereby. 

Approved  January  27,  1881. 


ORDINANCES.  43 


CHAPTER  VI. 


DIVIDING  OGDEN  CITY  INTO  WAKDS. 

SEC.  1.  Ogden  City  divided  into  four  Municipal  Wards. 

SEC.  2.  Boundaries  of  First  Ward. 

SEC.  3.  Boundaries  of  Second  Ward. 

SEC.  4.  Boundaries  of  Third  Ward. 

SEC.  5.  Boundaries  of  Fourth  Ward. 

SEC.  1.  Ogden  City  is  hereby  divided  into  four 
Municipal  Wards,  as  follows,  to  wit: 

SEC.  2.  All  that  district  of  country  commencing 
at  the  intersection  of  the  centre  of  Fourth  and  Spring 
Streets,  thence  south  along  the  centre  of  Spring  Street 
and  its  extension  to  the  corporate  line,  thence  east  to 
the  base  of  the  mountains,  thence  north  along  the  base 
of  the  mountains  to  the  south  boundary  of  Section 
twenty- two  (22),  T.  6N.  R.  1  W.,  thence  west  along 
the  south  boundaries  of  sections  twenty- two  (22)  and 
twenty-one  (21),  T.  6  N.  R.  1  W.,  to  a  point  due  north 
from  the  centre  of  Spring  Street,  thence  south  to  the 
place  of  beginning,  shall  constitute  the  First  Ward. 

SEC.  3.  All  that  district  of  country  commencing 
at  the  intersection  of  the  centre  of  Spring  and  Fourth. 
Streets,  thence  south  along  the  centre  of  Spring  Street 
and  its  extension  to  the  south  corporate  line,  thence 
west  along  the  south  corporate  line  to  the  west  corpor- 
ate line,  thence  north  along  said  line  to  a  point  due 
west  of  the  centre  of  Fourth  Street,  thence  east  along 


44  ORDINANCES. 

the  centre  of  Fourth  Street  to  the  place  of  beginning, 
shall  constitute  the  Second  Ward. 

SEC.  4.  All  that  district  of  country  commencing 
at  the  intersection  of  the  centre  of  Spring  and  Fourth 
Streets,  thence  north  along  the  centre  of  Spring  Street 
and  its  extension  to  the  south  boundary  of  section 
twenty-one,  T.  6  N.  R.  1  W.,  thence  west  along  the 
south  boundary  lines  of  sections  twenty-one  (21), 
twenty  (20)  and  nineteen  (19),  T.  6  N.  R.  1  W.,  to  the 
west  boundary  of  the  corporation,  thence  south  along 
said  boundary  to  a  point  due  west  of  the  centre  of 
Fourth  Street,  thence  east  along  the  centre  of  Fourth 
Street  to  the  place  of  beginning,  shall  constitute  the 
Third  Ward. 

SEC.  5.  All  that  district  of  country  commencing 
at  the  south-west  corner  of  section  twenty-one  (21), 
T.  6  N.  R.  1  W.,  thence  west  along  the  south  boun- 
daries of  sections  twenty  (20)  and  nineteen  (19),  T.  6 
N.  R.  1  W.,  to  the  west  boundary  of  the  corporation, 
thence  north  along  said  boundary  to  the  north  boun- 
dary of  the  corporation,  thence  east  along  said  north 
boundary  to  the  base  of  the  mountains,  thence  south 
along  the  base  of  the  mountains  to  the  south  boundary 
of  section  twenty-two  (22),  T.  6  N.  R.  1  W.,  thence 
west  along  the  south  boundaries  of  sections  twenty-one 
(21)  and  twenty-two  (22),  T.  6  N.  R.  1  W.,  to  the 
place  of  beginning,  shall  constitute  the  Fourth  Ward. 

Approved  January  27,  1881. 


ORDINANCES.  45 


CHAPTER  VII. 


STREETS,    ALLEYS,   SIDEWALKS    AND    PUBLIC    GROUNDS. 

SEC.  1.    Streets  named  and  located. 

SEC.  2.    Streets  to  be  uniformly  graded. 

SEC.  3.    Duties  of  committees  and  engineers. 

SEC.  4.    Duties  of  persons  grading. 

SEC.  5.    In  relation  to  sidewalks. 

SEC.  6.    Same. 

SEC.  7.    Same. 

SEC.  8.    Shade  trees. 

SBC.  9.    Bay  and  other  window's. 

SEC.  10.    Areas  and  vaults — Regulations. 

SEC.  1JL.    Awnings,  balconies,  etc. 

SEC.  12.    Signs  and  advertisements. 

SEC.  13.    Piles  of  lumber  and  excavations. 

SEC.  14.    Sidewalks,  of  what  constructed— Penalty. 

SEC.  1.  The  street  connecting  on  the  north  and 
south  with  the  boundary  lines  of  the  corporation  with 
what  is  known  as  the  Territorial  Road,  shall  be  known 
as  Main  Street. 

The  first  street  west  of  Main,  running  from  a  point 
twenty- five  rods  west  of  First  Street,  to  Eighth  Street, 
shall  be  known  as  Young  Street. 

The  second  street  west  of  Main,  running  from  First 
Street  to  Eighth  Street,  shall  be  known  as  Franklin 
Street. 

The  third  street  east  of  Main  Street,  running  from 
First  Street  to  Eighth  Street,  shall  be  known  as  Wall 
Street. 

The  first  street  east  of  Main  Street,  running  from 
Park  Street  to  Eighth  Street,  shall  be  known  as  Spring 
Street. 


46  ORDINANCES. 

The  second  street  east  of  Main  Street,  running  from 
Park  Street  to  Eighth  Street,  shall  be  known  as  Smith 
Street. 

The  third  street  east  of  Main  Street,  running  from 
Bluff  Street  to  Eighth  Street,  shall  be  known  as  Pearl 
Street. 

The  fourth  street  east  of  Main  Street,  running  from 
Bluff  Street  to  Eighth  Street,  shall  be  known  as  Green 
Street. 

The  fifth  street  east  of  Main  Street,  running  from 
Park  Street  to  Eighth  Street,  shall  be  known  as  East 
Street. 

The  first  street  south  of  Ogden  River,  on  the  bench, 
shall  be  known  as  Bluff  Street. 

The  first  street  south  of  Bluff  Street  on  the  Bench, 
shall  be  known  as  North  Street. 

The  second  street  south  of1  Bluff  Street,  running 
from  East  to  Main  Street,  shall  be  known  as  Park 
Street. 

The  third  street  south  of  Bluff  Street,  on  the 
Bench,  and  extending  west  to  Middleton's  survey,  near 
the  Weber  River,  shall  be  known  as  First  Street. 

The  first  street  south  of  First  Street,  running  from 
East  Street  to  the  western  boundary  of  the  townsite, 
shall  be  known  as  Second  Street. 

The  second  street  south  of  First  Street,  running 
from  East  to  Wall  Street,  shall  be  known  as  Third 
Street. 

The  third  street  south  of  First  Street,  running  from 
East  Street  to  the  C.  P.  R.  R.  main  track,  thence  di- 
verging northerly  by  way  of  the  wagon  bridge  across 
the  Weber  River,  terminating  at  the  city  limits,  near 
Edmund  Robbins'  residence,  shall  be  known  as  Fourth 
Street. 

The  fourth  street  south  of  First  Street,  running 


OKDINANCES.  47 

from  East  Street  to  the  east  side  of  the  U.  P.  E.  R. 
main  track,  shall  be  known  as  Fifth  Street. 

The  fifth  street  south  of  First  Street,  running  from 
East  Street  to  the  east  side  of  the  U.  P.  R.  R.  main 
track,  shall  be  known  as  Sixth  Street. 

The  sixth  street  south  of  First  Street,  running  from 
East  Street  to  the  U.  P.  R.  R.  depot  grounds,  shall  be 
known  as  Seventh  Street. 

The  seventh  street  south  of  First  Street,  running 
from  East  Street  to  a  point  one  hundred  feet  west  of 
the  U.  P.  R.  R.  main  track,  shall  be  known  as  Eighth 
Street. 

All  the  aforenamed  streets  shall  be  six  rods 
wide :  Provided,  the  following  exceptions  shall  be 
made — Main  Street  shall  be  eight  rods  wide;  Fourth 
Street,  from  Weber  wagon  bridge,  to  the  corporation 
line,  shall  be  four  rods  wide:  Seventh  Street,  from 
Wall  Street  to  the  U.  P.  R.  R.  depot  grounds,  shall  be 
three  rods  wide;  Eighth  Street  from  a  point  west  of 
Wall  Street  three  hundred  and  seventy  feet,  six  rods 
wide — from  this  point  fifty- three  rods  west  intersecting 
county  road,  four  rods  wide;  Young  Street,  from  First 
Street  to  its  terminus  north,  shall  be  four  rods  wide. 

The  south  half  and  north-east  quarter  of  block 
eighteen,  Plat  A,  Ogden  City  survey,  shall  be  known 
as  Union  Square. 

The  whole  of  block  twenty-eight,  in  Plat  A, 
Ogden  City  survey,  shall  be  known  as  Lester  Park 
Square.  * 

The  whole  of  block  fourteen,  in  Plat  B,  Ogden 
City  survey,  shall  be  known  as  Liberty  Square. 

The  foregoing  streets,  alleys  and  grounds  shall  be 
and  the  same  are  hereby,  under  the  names  designated, 
dedicated  to  the  public  use  of  Ogden  City  forever,  sub- 
ject to  such  changes,  improvements  and  modifications 


48  ORDINANCES. 

as  the  City  Council  may  at  any  time  adopt :  Provided, 
however,  that  all  occupations  by  lease  or  otherwise  of 
any  such  grounds  previously  entered  into  by  authority 
of  the  City  Council  shall  not  be  annulled  or  in  any 
manner  impaired  during  the  period  of  any  such  con- 
tract. 

SEC.  2.  The  streets  of  Ogden  City  shall,  as  soon  as 
practicable,  be  brought  to  a  uniform  grade  throughout 
their  entire  extent;  and  the  monumental  rock,  situated 
opposite  the  northwest  corner  of  Main  and  Fourth 
Streets,  in  said  city,  and  possessing  an  elevation  above 
the  sea  level  of  4,307  784-1000  feet,  is  hereby  consti- 
tuted the  Bench  Mark,  with  reference  to  which  said 
grades  shall  be  determined.  Every  grade  hereafter 
agreed  upon  for  any  street,  alley,  highway  or  side- 
walk, within  said  city,  shall  be  fixed  and  established 
by  ordinance  of  the  City  Council,  adopted  after  the 
subject  of  such  grade  has  been  referred  to  the  Commit- 
tee on  Streets,  and  a  report  made  thereon,  accompanied 
by  a  profile  from  actual  survey  by  the  City  Engineer; 
and  all  grades  so  fixed  shall  be  duly  established  and 
recorded  with  the  profiles  thereof,  in  a  suitable  book  to 
be  prepared  and  kept  by  the  City  Engineer  and  en- 
titled "The  Kecord  of  Official  Grades  of  Ogden  City." 

SEC.  3.  It  shall  be  the  duty  of  the  Committee  on 
Streets,  aided  by  the  City  Engineer,  to  locate  and  defi- 
nitely determine  the  grades  of  the  streets  and  side- 
walks of  said  city,  assuming  as*  a  datum  therefor  the 
mean  level  of  the  ocean,  as  recorded  on  said  monument- 
al rock.  They  shall  also  cause  to  be  prepared  and 
filed  in  office  of  the  City  Eecorder,  a  correct  record  of 
all  grades  so  located,  which  record  shall  consist  of  a 
descriptive  profile  of  the  contour  of  the  streets  and 


49 

sidewalks,  the  grades  as  located,  with  their  ascent  or 
descent  marked  thereon,  their  changing  points,  and  all 
other  necessary  information.  Said  record  shall  be  cer- 
tified to  by  said  Committee  and  Engineer,  and  shall 
thereafter  be  subject  to  the  inspection  of  all  citizens 
during  usual  office  hours. 

SEC.  4.  It  shall  be  the  duty  of  all  persons  making 
or  grading  sidewalks  to  make  all  such  improvements 
to  conform  to  the  sidewalk  grade.  Any  person  violat- 
ing this  requirement  shall  be  subject  to  a  fine  in  any 
sum  less  than  one  hundred  dollars  for  each  and  every 
day  such  violation  shall  remain. 

SEC.  5.  The  sidewalks  in  Ogden  City  shall,  and 
are  hereby  declared  to  be,  sixteen  feet  wide,  measured 
outward  from  the  boundary  lines  of  the  blocks  as  plat- 
ted on  the  official  map  of  said  city,  except  on  Main 
Street,  where  they  shall  be  twenty  feet  wide;  the  east 
side  of  Wall  Street,  from  First  to  Third  Street,  where 
they  shall  be  ten  feet  wide;  and  Eighth  Street  from 
Spring  Street  to  its  western  terminus,  where  they  shall 
be  ten  feet  wide. 

SEC.  6.  The  curb  of  every  sidewalk  shall  be  set 
in  two  feet  from  the  outer  edge,  and  shall  correspond  to 
the  official  grade  of  the  street  of  which  such  sidewalk 
shall  form  a  part;  and  said  curbstone  shall  be  the 
inner  edge  of  the  water  course,  except  when  otherwise 
provided  by  the  City  Council. 

SEC.  7.  Every  sidewalk  shall  be  constructed  to 
the  satisfaction  of  the  Committee  on  Streets,  so  as  to 
have  an  even  surface,  and  shall  rise  from  the  curb  at 
the  rate  of  one-iifth  of  an  inch  to  every  foot  of  width. 


50  ORDINANCES. 

SEC.  8.  All  shade  trees  planted  on  the  sidewalks 
in  said  city  shall  be  set  two  feet  in  from  the  outer  line 
of  the  sidewalk. 

SEC.  9.  No  person  shall  maintain,  or  construct,  or 
place,  or  cause  to  be  constructed  or  placed,  on  prem- 
ises belonging  to  him  or  in  his  possession,  or  under  his 
control,  any  building,  bay  or  oriel  window  which  shall 
extend  over  the  line  of  the  street,  without  permission 
of  the  City  Council. 

SEC.  10.  No  person  shall  construct,  or  suffer  to  be 
constructed,  under  the  sidewalk  adjoining  any  prem- 
ises belonging  to  him,  or  in  his  possession,  or  under 
his  control,  any  area  or  vault,  except  in  conformity 
with  the  following  regulations : 

1.  Areas  shall  be  constructed  and  used  only  for 
the  purpose  of  affording  light  to  basements  or  cellars, 
and  for  receiving  and  shipping  goods  and  merchandise, 
and  they  shall  be  securely  enclosed,  and  covered  with 
substantial  gratings  constructed  with  spaces  not  to  ex- 
ceed one  inch  in  width  between  the  bars,  or  thick  dead- 
light glass,  permanently  fixed  flush  with  the  surface  of 
the  sidewalk. 

2.  No  vault  shall  extend  beyond  the  official  line 
of  the  sidewalk.  The  outer  walls  of  such  vaults  shall 
be  constructed  under  or  within  the  official  line  of  the 
sidewalk,  and  shall  be  of  brick  or  stone,  or  brick  and 
stone  together,  not  less  than  twelve  inches  in  thickness 
in  any  case;  and  if  the  same  be  more  than  six  feet  in 
height,  then  not  less  than  sixteen  inches  in  thickness 
for  the  lower  half  thereof,  and  not  less  than  twelve 
inches  in  thickness  for  the  upper  half;  and  all  such 
walls  shall  have  footing  courses  projecting  at  least  six 
inches  on  the  inside  thereof.  All  sidewalks  over  vaults 


ORDINANCES.  51 

or  areas  shall  be  securely  supported  by  arches  con- 
structed of  brick,  stone  or  iron,  so  as  to  be  capable  of 
sustaining  at  least  six  hundred  pounds  weight  to  every 
superficial  foot  thereof,  and  the  use  of  wood  to  sustain 
or  support  sidewalks  over  vaults  or  areas  is  hereby 
prohibited. 

No  aperture  through  the  sidewalk  into  a  vault  shall 
exceed  a  superficial  area  of  twenty-four  square  feet. 
Every  such  aperture  shall  be  covered  with  an  iron  cover 
when  not  in  actual  use. 

Every  such  covering  shall  have  a  bearing  of  at  least 
one  inch,  and  shall  be  so  placed  as  to  be  flush  with  the 
surface  of  the  sidewalk. 

No  door  step  of  any  building  shall  project  or  ex- 
tend more  than  three  feet  from  the  line  of  any  lot. 

SEC.  11.  No  person  owning  or  occupying  any 
building  fronting  upon  any  public  street,  shall  con- 
struct or  cause  to  be  constructed  or  maintained,  any 
awning,  shade  or  balcony  before  such  building  and 
extending  over  the  sidewalk,  except  in  accordance  with 
the  following  provisions  : 

1.  Such    awning,   balcony  or    shade,   shall    be 
securely  placed  and  supported  without  posts. 

2.  The  lowest  part  thereof  shall  be  at  least  ten 
feet  above  the  level  of  the  curb,  except  awnings, 
which  may  be  two  feet  lower. 

3.  Every  awning,  shade  or  balcony,  not  extend- 
ing to  the  line  of  the  curb,  shall  have  a  gutter  and  a 
spout  to  conduct  the  water  to  the  building  and  thence 
to  the  outer  line  of  the  sidewalk. 

4.  No  awning,  shade  or  balcony,  shall  extend 
beyond  the  outer  line  of  the  sidewalk. 

SEC.  12.    No  person  owning  or  occupying  any 


52  ORDINANCES. 

building  or  premises,  fronting  upon  a  public  street, 
shall : 

Place  or  cause  to  be  placed,  or  maintain,  or  suffer, 
upon  the  front  of  such,  building  or  premises,  any  sign 
or  advertisement,  except  such  as  do  not  project  into  or 
across  such  sidewalk ; 

Place  or  cause  to  be  placed,  maintain,  or  suffer, 
upon  the  front  of  such  building  or  premises,  any  sign 
or  advertisement  which  shall  project  over  or  upon  the 
sidewalk  more  than  one  foot ; 

Suspend,  or  cause  to  be  suspended,  maintain,  or 
suffer,  over  the  street  or  sidewalk  in  front  of  such 
building  or  premises,  any  sign,  advertisement  or  flag, 
except  upon  holidays,  election  days  and  days  of  pub- 
lic parade  or  display.  And  all  such  posts,  signs  and 
awnings,  which  are  not  in  conformity  with  the  pro- 
visions of  this  chapter,  are  hereby  declared  to  be  a 
nuisance,  and  if  not  removed  within  thirty  days  after 
the  publication  of  this  ordinance  may  be  removed  by 
order  of  the  City  Council  at  the  owner's  expense. 

SEC.  13.  If  any  person  shall  place  or  leave  any 
pile  or  piles  of  lumber,  wood,  or  other  material  or 
thing,  upon  any  lot  in  the  city,  or  shall  excavate  any 
lot  or  part  of  lot  contiguous  to  any  sidewalk,  and  shall 
leave  the  same  open  and  exposed  in  such  a  manner  as 
to  endanger  the  safety  of  persons  passing  along  any 
street,  avenue,  alley  or  sidewalk,  such  person  shall  be 
deemed  guilty  of  committing  a  nuisance,  and  on  con- 
viction thereof,  be  fined  in  any  sum  not  exceeding  one 
hundred  dollars. 

SEC.  14.  Every  person  owning  a  city  lot  adjoin- 
ing any  sidewalk,  is  hereby  required  to  gravel,  plank 
or  pave  said  sidewalk  :  Provided,  the  City  Council 


ORDINANCES.  53 

may,  by  resolution,  at  any  time,  order  the  sidewalks 
on  the  business  streets  to  be  constructed  of  plank, 
asphaltum  or  rock. 

SEC.  15.  All  persons  failing  to  construct  side- 
walks in  front  of  their  premises  after  having  had  sixty 
days'  notice,  shall  be  considered  delinquents,  and  the 
Supervisor  of  Streets  is  hereby  authorized  to  construct 
or  complete  the  same  at  the  expense  of  such  delin- 
quents, and  may  recover  the  costs  thereof  from  the 
goods,  chattels  and  effects  of  the  said  delinquents,  by 
suit  in  the  name  of  Ogden  City. 

Approved  January  27,  1881. 


CHAPTER  VIII. 

DUTIES    OF   OFFICERS. 

Recorder. 

SEC.  1.  Recorder  to  attend  Council  meetings  and  keep  a  record. 

SEC.  2.  To  keep  Seal  of  City  and  attest  deeds,  etc. 

SEC.  3.  To  pay  over  all  moneys  monthly  to  Treasurer. 

SEC.  4.  To  audit  public  accounts,  and  issue  orders  for  the  liquidation 
of  claims. 

SEC.  5.  To  report  quarterly  to  the  City  Council  the  amount  of  revenue, 
and  for  what  disbursed. 

SEC.  1.  It  shall  be  the  duty  of  the  City  Recorder 
to  attend  at  every  meeting  of  the  City  Council  and 
keep  a  record  of  the  proceedings  thereof.  Whenever 
required  by  the  Mayor  or  two  Aldermen,  he  shall  issue 
to  the  City  Marshal  a  notice  to  the  members  of  the  City 
Council,  of  any  special  meeting  of  the  Council,  and 


54  ORDINANCES . 

shall  notify  any  and  all  Committees  of  the  Council,  of 
the  business  entrusted  to  them.  He  shall  carefully 
keep  and  preserve  all  papers  and  books  which  may 
come  into  his  possession  as  Recorder,  filing  and  arrang- 
ing them  in  a  manner  convenient  for  reference.  He 
shall  make  out  and  record  all  abstracts  of  election  re- 
turns, and  shall  make  and  record  an  abstract  of  all 
bonds  issued  by  the  city,  all  deeds  of  or  other  papers 
showing  a  title  to  any  real  estate  belonging  to  the  city, 
the  same  to  be  kept  in  books  provided  for  that  purpose. 
He  shall  record,  in  a  suitable  book,  and  in  order  of 
date,  all  ordinances  and  resolutions  passed  by  the  City 
Council,  and  shall  keep  in  a  separate  book  a  record  of 
the  proceedings  of  said  Council.  He  shall  keep  a  reg- 
ular account  of  debtor  and  credit  between  Ogden  City 
and  the  Treasurer  of  said  city. 

SEC.  2.  The  Recorder  shall  keep  the  seal  of  the 
city,  and  shall  duly  attest  thereby  all  deeds  and  pa- 
pers required  to  be  so  attested,  when  ordered  by  the 
City  Council.  He  shall  attest  all  orders  issued  by  the 
City  Council,  and  all  orders  or  warrants  for  the  pay- 
ment of  money,  and  shall  enter  the  same  in  numerical 
order  in  a  book  to  be  kept  for  that  purpose.  He  shall 
keep  a  register  of  all  licenses  granted  in  said  city, 
noticing  the  time  when  issued,  the  business  or  purpose 
for  which  issued,  and  for  how  long.  He  shall,  when- 
ever necessary,  furnish  the  Marshal  with  a  copy  of  the 
register  of  all  licenses  in  force. 

SEC.  3.  The  Recorder  shall,  monthly,  pay  over  to 
the  Treasurer,  all  money  or  other  property  belonging 
to  the  city,  and  coming  into  his  hands  by  virtue  of  his 
office.  He  shall  have  power  to  take  acknowledgments, 
administer  oaths,  and  receive  and  approve  bonds.  He 


ORDINANCES.  55 

shall  have  and  keep  a  plat  of  all  surveys  within  said 
city. 

SEC.  4.  The  Eecorder  shall  examine  and  audit  all 
public  accounts  connected  with  the  financial  affairs  of 
the  city,  and  issue  orders  upon  the  Treasurer  in  liqui- 
dation of  claims  allowed,  or  appropriations  made  by 
the  City  Council.  He  shall  have  the  custody  of  and 
keep  all  books,  papers,  records,  mortgages,  bonds  and 
other  securities  appertaining  to  the  fiscal  affairs  of  the 
city,  which  are  not  required  by  ordinance  to  be  kept 
in  some  other  office  or  place. 

SEC.  5.  The  Eecorder  shall  make  a  report  to  the 
City  Council  quarterly,  setting  forth  a  statement  of  the 
amount  of  city  revenue,  specifying  from  whence  de- 
rived and  for  what  disbursed.  He  shall  deliver  to  his 
successor  in  office  all  books,  moneys,  accounts,  or 
other  property  in  his  custody  belonging  to  the  city,  as 
soon  as  his  successor  shall  be  qualified. 


Treasurer. 

SEC.  1.  Duties. 

SEC.  2.  Disbursements  how  made. 

SEC.  3.  To  make  reports. 

SEC.  4.  Not  to  use  city  moneys— Penalty. 

SEC.  5.  Books  of  account. 

SEC.  1.  The  Treasurer  shall  receive  all  moneys 
belonging  to  the  city,  whether  the  same  be  raised  by 
taxation  or  otherwise,  and  shall  give  receipts  therefor, 


56  OKDINASTCES. 

specifying  the  date  of  payment,  the  amount  and  upon 
what  account  paid;  and  he  shall  keep  in  suitable  books 
a  separate  account  of  each  fund,  whether  from  taxa- 
tion, licenses,  fines  or  otherwise.  He  shall  be  the 
custodian  of  all  other  property  of  the  city,  the  custody 
of  which  is  not  otherwise  provided  for. 

SEC.  2.  The  Treasurer  shall  disburse  the  lands 
and  surrender  the  property  of  the  city  only  upon  or- 
ders signed  by  the  Recorder  and  ex-officio  Auditor  of 
Public  Accounts  and  sealed  with  the  corporate  seal, 
except  as  hereinafter  provided.  He  shall  keep  in  suit- 
able books  and  under  appropriate  headings,  an  account 
of  all  disbursements,  stating  the  date  of  such  disburse- 
ments, to  whom  made,  and  on  what  account. 

SEC.  3.  The  Treasurer  shall,  at  the  end  -of  every 
quarter,  or  oftener  if  required,  make  a  report  in  writing 
to  the  Mayor  and  City  Council,  showing  the  state  of 
the  Treasury  at  the  date  of  such  report.  Said  report 
shall  give  a  statement  of  all  moneys  received  into  the 
Treasury,  and  on  what  account;  the  amount  disbursed 
and  the  balance  of  money  in  the  Treasury;  and  shall 
be  accompanied  by  all  warrants  redeemed  and  paid  by 
him,  stamped  or  marked  "paid;'*  and  he  shall  give  a 
list  of  said  warrants,  stating  the  number  and  amount 
of  each. 

SEC.  4.  The  Treasurer  shall  keep  moneys  in  his 
hands  belonging  to  the  city,  separate  and  distinct  from 
his  own  moneys ;  and  he  is  hereby  expressly  prohibited 
from  using,  either  directly  or  indirectly,  the  corporate 
money  or  other  property  in  his  custody  and  keeping, 
for  his  own  benefit,  or  that  of  any  other  person  or  per- 
sons whomsoever;  any  violation  of  this  provision  shall 


ORDINANCES.  57 

subject  him  to  immediate  removal  from  office  by  the 
City  Council,  who  shall  declare  such  office  vacant;  and 
the  City  Council  shall  appoint  a  successor,  who  shall 
hold  his  office  for  the  remainder  of  the  term  of  such 
officer  so  removed. 

SEC.  5.  The  Treasurer's  books  of  account  shall 
be  furnished  by,  and  be  the  property  of  the  city,  and 
shall,  together  with  moneys,  papers  or  other  property 
in  his  possession  belonging  to  the  city,  be  delivered  to 
his  successor  in  office  immediately  after  said  successor 
shall  have  been  duly  elected  and  qualified. 


Oily  Attorney. 

SEC.  1.  Duties. 

SEC.  2.  Same. 

SEC.  3.  Same. 

SEC.  4.  Same. 

SEC.  5.  Record— Docket— Settlement. 

SEC.  6.  To  report — Compensation. 

SEC.  7.  May  appoint  a  deputy. 

SEC.  1.  It  shall  be  the  duty  of  the  City  Attorney 
to  prosecute  and  defend  in  all  courts,  and  in  all  actions 
on  behalf  of  Ogden  City;'  and  defend  in  all  actions 
against  any  officer  or  agent  of  said  city  on  account  of 
official  acts. 

SEC.  2.  To  take  appeals  or  sue  out  writs  of  error 
on  behalf  of  the  city  or  any  officer  as  aforesaid,  with 
the  consent  and  approval  of  the  Mayor,  and  make  the 


58  ORDINANCES. 

necessary  affidavits,  and  execute  the  necessary  bonds 
in  the  name  of  the  city. 

SEC.  3.  To  advise  the  City  Council  or  their  com- 
mittees or  any  city  officer,  on  such  legal  questions  as 
may  arise  in  relation  to  the  business  of  the  city. 

SEC.  4.  The  City  Attorney  having  personal  knowl- 
edge of  any  violation  of  a  city  ordinance,  or  upon 
receiving  reliable  information  of  any  such  violation, 
shall  immediately  institute  the  necessary  steps  to  bring 
the  offender  to  justice. 

SEC.  5.  He  shall  keep  a  record  showing  all  claims 
of  the  city  placed  in  his  hands  for  collection,  all 
moneys  received  by  him  on  account  of  the  city,  and 
all  payments  made  by  him  to  the  City  Treasurer,  and 
also  keep  a  docket  book,  in  which  he  shall  enter  an  ab- 
stract of  suits  pending  in  any  court,  and  judgments  in 
favor  of,  or  against  said  city.  He  shall,  at  the  end  of 
each  quarter,  or  oftener  if  required,  settle  with  the  City 
Bee  order  and  pay  to  the  City  Treasurer  all  moneys  in 
his  hands  belonging  to  the  city. 

SEC.  6.  The  City  Attorney  shall  report  quarterly, 
or  oftener  if  required,  to  the  City  Council  the  condition 
of  the  business  of  the  city  in  his  hands  or  under  his 
control,  and  for  all  services  rendered  as  herein  required, 
such  compensation  shall  be  allowed  as  shall  be  deter- 
mined by  the  City  Council! 

SEC.  7.  The  City  Attorney  may,  with  the  approval 
of  the  Mayor,  appoint  a  deputy,  who  shall  take  the 
oath  of  office,  perform  the  same  duties,  and  for  whose 
acts,  as  such  deputy,  the  City  Attorney  shall  be  re- 
sponsible. 


ORDINANCES.  59 

Marshal. 

SEC.  1.  Duties. 

SEC.  2.  May  arrest  with  or  without  warrant. 

SEC.  3.  To  abate  nuisances. 

SEC.  4.  May  demand  aid. 

SEC.  5.  Further  duties. 

SEC.  6.  May  appoint  deputies. 

SEC.  1.  It  shall  be  the  duty  of  the  City  Marshal, 
and  he  is  hereby  authorized  and  empowered  to  diligent- 
ly enquire  into  any  and  all  violations  of  the  city  ordi- 
nances, and  all  neglect  to  comply  with  the  require- 
ments thereof  by  any  person  or  persons,  and  he  shall 
prosecute  all  those  guilty  thereof.  He  shall  use  due 
diligence  to  ferret  out  all  disorderly  houses  in  the  city, 
and  all  persons  carrying  on  any  business  in  said  city 
without  a  license,  in  all  cases  where  a  license  is  neces- 
sary, and  make  complaint  thereof  before  the  Mayor  or 
any  Alderman. 

SEC.  2.  He  may  arrest  and  take  into  custody  with 
or  without  a  warrant,  any  person  of  a  suspicious 
character,  any  vagrant,  or  any  person  who  shall  be 
found  by  him  violating  any  ordinance  of  the  city,  and 
shall  bring  such  person  before  the  Mayor  or  any 
Alderman  for  trial,  without  unnecessary  delay;  and 
pending  any  trial  he  may  secure  the  presence  of  persons 
arrested,  by  bail  or  by  confinement  in  the  city  jail, 
subject,  however,  to  the  orders  of  the  Mayor  or  Alder- 
man. 

SEC.  3.  The  City  Marshal  shall,  under  the  direc- 
tion of  the  City  Council,  cause  any  nuisance  to  be 
abated,  and  may  give  the  necessary  orders  for  the 
removal  or  abatement  of  any  nuisance  by  the  person 
committing  the  same,  or  suffering  or  permitting  the 


60  ORDINANCES. 

same  to  be  committed  on  his  premises,  or  on  premises 
under  his  control;  and  he  may  arrest  and  hold  for  trial 
any  person  guilty  of  committing  such  nuisance. 

SEC.  4.  In  the  exercise  of  his  power  and  duties 
in  arresting  any  person  accused  or  suspected  of  crime, 
or  in  the  suppression  of  any  riot  or  unlawful  assembly, 
or  in  preventing  the  commission  of  any  offense  against 
the  city,  he  shall  have  the  power,  whenever  the  same  is 
necessary,  to  require  the  aid  of  any  police  officer  or  of 
any  citizen,  and  any  person  who  shall  refuse  or  wilfully 
neglect  to  obey  the  summons  of  the  Marshal  in  such 
cases,  shall  on  conviction  thereof  be  fined  in  any  sum 
not  exceeding  fifty  dollars. 

SEC.  5.  The  City  Marshal  shall,  by  himself  or  his 
deputy,  attend  all  regular  and  special  meetings  of  the 
City  Council;  shall  have  charge  of  the  City  Hall,  and 
see  that  the  same  is  kept  clean,  and  lighted  and  warm- 
ed when  necessary;  shall  act  as  doorkeeper  or  sergeant- 
at-arms,  and  shall  execute  all  orders  of  the  Mayor  or 
City  Council.  He  shall  bring  all  persons  who  are 
under  arrest  for  the  violation  of  any  city  ordinance 
before  the  Mayor  or  Alderman's  Court,  whenever 
required  so  to  do  by  rule  or  order  of  said  Mayor  or 
Alderman,  and  shall  make  or  cause  to  be  made  the 
necessary  written  complaints  against  such  persons  for 
the  offenses  for  which  they  were  arrested.  He  shall 
perform  such  other  duties  as  may  be  required  of  him 
by  resolution  or  order  of  the  City  Council. 

SEC.  6.  The  Marshal  may  appoint  one  or  more 
deputies  by  whom  he  may  perform  any  of  the  duties 
herein  imposed,  and  whose  powers  for  those  purposes 
shall  be  the  same  as  those  of  the  Marshal.  The 
Marsnal  shall  be  responsible  for  all  the  official  acts  of 


ORDINANCES.  61 

his  deputies  or  any  of  them,  and  no  compensation 
shall  be  paid  such  deputies  by  the  city.  No  Deputy 
Marshal  shall  have  or  exercise  or  attempt  to  exercise 
any  control  over  the  police  of  the  city,  or  any  of  them, 
except  under  the  orders  and  direction  of  the  Marshal. 


Police  Commissioners. 

SEC.  1.  Mayor  and  Aldermen  to  constitute  the  board. 

SEC.  2.  Offending  officers  to  be  suspended. 

SEC.  3.  Trial  of  charges  by  the  board. 

SEC.  4.  Decision  after  trial. 

SEC.  5.  Local  policemen  provided  for. 

SEC.  1.  The  Mayor  and  Aldermen  shall  constitute 
the  Board  of  Police  Commissioners  of  Ogden  City, 
whose  duty  it  shall  be  to  regulate  and  control  the  po- 
lice force  of  the  city. 

SEC.  2.  Upon  information  on  oath  being  laid  be- 
fore the  Board  of  Police  Commissioners  of  the  city, 
that  any  officer  or  person  acting  in  that  or  a  similar 
capacity  has  violated  the  provisions  of  this  ordinance, 
it  is  hereby  made  the  duty  of  said  Board  to  at  once  sus- 
pend such  officer  or  person  from  duty,  without  pay, 
and  to  investigate  the  same  as  soon  as  possible,  and  if 
the  charge  against  such  officer  or  person  be  sustained, 
then  the  said  Board  shall  fortnwith  dismiss  said  officer 
or  person  from  said  Police  Department,  and  bring  the 
necessary  charges  against  him  in  the  Alderman's 
court. 

SEC.  3.    Within  two  days  after  the  Board  of  Police 


62  ORDINANCE?. 

Commissioners  shall  be  furnished  with  written  charges 
against  any  police  captain  or  police  officer,  the  said 
Board  or  any  three  of  them,  shall  fix  a  time  for  the 
trial  of  said  charges,  and  notify  the  accused  thereof—- 
which time  shall  not  be  less  than  two  days,  nor  more 
than  eight  days  thereafter.  At  the  time  appointed,  the 
Police  Commissioners  shall  meet  and  proceed  to  hear, 
consider  and  decide  upon  such  charges,  the  chair- 
man to  be  one  of  the  board  chosen  by  the  Commis- 
sioners assembled  to  hear  said  -charges.  The  accused 
shall  have  the  right  to  defend  in  person  and  by  coun- 
sel. The  chairman  of  the  Board  shall  have  power  to 
issue  subpoenas  to  compel  the  attendance  of  witnesses, 
to  administer  oaths  and  to  punish  for  contempt. 

SEC.  4.  Within  three  days  after  the  hearing  pro- 
vided for  in  Section  2,  the  Police  Commissioners  shall 
render  their  decision  upon  the  charges  made: 

If  the  accused  be  found  not  guilty  of  any  offense 
or  misconduct,  or  any  inefficiency,  specified  in  the 
charges,  he  shall  be  reinstated; 

If  guilty,  he  may  be  suspended  or  removed  from 
office,  in  the  discretion  of  said  Commissioners; 

If  he  be  reinstated  by  the  Commissioners,  he  shall 
be  entitled  to  his  pay  the  same  as  if  he  had  not  been 
suspended; 

If  he  be  suspended,  he  shall  not  be  entitled  to  pay 
during  the  time  such  suspension  shall  continue; 

If  he  be  removed  from  office,  his  pay  shall  cease 
from  the  time  of  his  suspension. 

SEC.  5.  In  addition  to  the  regular  police  officers, 
the  Board  of  Police  Commissioners  are  authorized  and 
empowered  to  appoint  local  policemen,  upon  the  peti- 
tion of  citizens  and  property  owners  who  may  desire 


ORDINANCES.  63 

their  services,  whenever,  in  the  judgment  of  said  Com- 
missioners,,, the  necessities  of  said  city  require  such 
appointments  to  be  made,  and  to  make  and  prescribe 
rules  and  regulations  for  their  government:  Provided, 
they  shall  receive  no  pay  from  the  city. 


Supervisor  of  Streets. 

SEC.  1.  Street  Supervisor  to  take  charge  of  all  streets,  alleys,  sidewalks 
and  highways. 

SBC.  2.    To  enforce  ordinances  and  resolutions  relating  to  the  same. 

SEC.  3.    To  take  charge  of  and  work  prisoners. 

SEC.  4.    May  appoint  assistant  supervisors. 

SEC.  5.    To  report. 

SEC.  6.  Shall  take  charge  of  all  tools  used  in  his  department,  and  de- 
liver the  same  to  his  successor. 

SEC.  1.  It  shall  be  the  duty  of  the  Supervisor  of 
Streets  to  take  charge  of  all  the  streets,  alleys,  side- 
walks and  highways  in  the  city,  and  superintend  all 
work  done  thereon,  whether  under  contract  or  other- 
wise; Provided,  that  he  shall  at  all  times  be  subject  to 
and  act  under  the  direction  of  the  City  Council.  Du- 
ring the  progress  of  any  improvement  he  shall,  at 
least  once  a  month,  report  the  progress  and  condition 
of  such  improvement;  and  he  shall  faithfully  observe 
and  report  whether  any  breach  is  made  in  the  terms  of 
any  contract  in  pursuance  of  which  any  such  work  or 
improvement  is  in  progress;  and  no  work  done  upon 
the  streets  or  alleys  under  any  contract  shall  be  paid 
for  in  full  until  the  Supervisor  of  Streets  shall  report 
the  same  to  be  complete,  nor  until  such  report  shall  be 
endorsed  by  the  Committee  on  Streets  and  accepted  by 
the  City  Council. 


64  OUDINANCES. 

SEC.  2.  The  Supervisor  of  Streets  shall  see  that 
all  ordinances,  resolutions  or  orders  of  the  City  Coun- 
cil, relating  to  streets,  alleys,  sidewalks  and  other 
public  grounds  and  places,  are  properly  enforced  and 
obeyed;  and  he  is  authorized  and  required  to  take  such 
measures  as  may  be  necessary  to  keep  the  streets,  al- 
leys, crosswalks,  sidewalks  and  all  public  grounds 
free  from  filth  and  all  nuisances. 

He  shall  have  power  to  forthwith  arrest,  without 
warrant,  any  person  who  shall  interfere  with  him  in 
any  manner  in  the  discharge  of  his  duties.  He  shall 
not  purchase  any  dirt,  stone,  lumber  or  other  material, 
nor  excavate  nor  haul  any  dirt  for  any  person  without 
the  consent  of  the  City  Council.  Any  violation  of  the 
foregoing  provisions  by  the  Street  Supervisor,  shall  be 
deemed  a  misdemeanor,  and,  on  conviction  thereof,  he 
shall  be  fined  not  to  exceed  one  hundred  dollars. 

SEC.  3.  It  shall  be  the  duty  of  the  Street  Super- 
visor, by  himself  or  deputy,  to  take  charge  of  and 
work  on  the  streets  of  this  city,  or  on  the  public 
grounds  or  walks,  or  elsewhere  within  the  city,  all 
prisoners  sentenced  to  perform  such  labor. 

SEC.  4.  The  Supervisor  may  appoint  Assistant 
Supervisors  in  the  several  wards,  as  he  may  deem  nec- 
essary (provided  that  the  names  of  such  Assistant  Su- 
pervisors shall  be  submitted  to  the  City  Council  for 
approval),  who  shall  be  under  his  direction,  and  for 
whose  official  acts  he  shall  be  responsible. 

SEC.  5.  The  Supervisor  shall  nrake  a  full  report 
quarterly,  in  writing,  to  the  City  Council,  of  all  things 
done,  and  of  all  moneys  expended  in  his  department, 
and  for  what  purpose  expended. 


ORDINANCES.  65 

SEC.  6.  It  shall  be  the  duty  of  the  Street  Super- 
visor to  take  charge  of  all  tools  or  other  material  or 
property  belonging  to  the  city  and  employed  in  work- 
ing the  streets.  He  shall  deliver  up  to  his  successor  in 
office,  or  to  whomsoever  the  City  Council  may  author- 
ize to  receive  the  same,  all  books,  papers,  vouchers 
and  all  tools  and  property  of  every  kind  and  descrip- 
tion under  his  control  and  belonging  to  the  city,  and 
shall  leave  a  list  of  the  same  with  the  City  Recorder. 
He  shall  perform  such  other  duties,  not  inconsistent 
with  his  office  and  not  herein  mentioned,  as  the  City 
Council  shall  require. 


Water  Master. 

SEC.  1.  Duties. 

SEC.  2.  May  appoint  assistants. 

SEC.  3.  Shall  make  dams,  gates,  etc. 

SEC.  4.  Penalties  for  injuring  dams,  gates,  etc. 

SEC.  5.  Penalty  for  taking  or  altering  course  of  water. 

SEC.  6.  Duties  of  inhabitants  of  districts. 

SEC.  7.  Watermaster  shall  adjudicate  difficulties. 

SEC.  8.  Watermaster  shall  report. 

SEC.  1.  It  shall  be  the  duty  of  the  City  Water 
Master  to  see  to  the  erection  and  repairs  of  such  gates, 
locks,  dams  or  sluices  as  may  be  necessary  to  regu- 
late within  the  city  the  waters  flowing  therein,  and 
divide  the  same  through  the  city  as  shall  best  serve  the 
public  interest,  for  irrigation  purposes. 

SEC.  2.  It  shall  be  the  duty  of  the  City  Water 
Master  to  divide  the  city  into  districts,  and  appoint  one 

5 


66  ORDINANCES. 

or  more  Assistant  Water  Masters  in  each  of  said  dis- 
tricts, who  shall  act  under  his  direction.  And  such 
assistants  shall  divide  the  water  to  the  inhabitants  of 
their  respective  districts,  in  such  manner  and  quantities 
as  shall  be  just. 

SEC.  3.  The  City  Water  Master  shall  make  and 
keep  in  repair  such  dams,  gates  or  sluiceways  as  may 
be  necessary  to  admit  an  equal  and  fair  distribution  of 
water  to  the  several  districts  of  the  city;  and  such 
dams,  gates  or  sluiceways  shall  be  under  his  immedi- 
ate control,  or  the  control  of  such  deputies  in  the 
respective  districts  as  he  may  appoint. 

SEC.  4.  Any  person  who  shall  remove,  break,  or 
otherwise  injure  or  destroy  any  such  lock,  canal,  dam, 
gate  or  sluiceway,  shall  be  liable  to  a  fine  in  any  sum 
not  exceeding  one  hundred  dollars,  or  to  imprisonment 
not  exceeding  six  months,  or  both  such  fine  and 
imprisonment. 

SEC.  5.  Any  person  who  shall  take,  or  alter  the 
course  of,  the  water  intended  for  irrigation  purposes, 
without  the  consent  of  the  Water  Master,  or  the  person 
then  holding  the  right  of  said  water,  shall  be  liable  to 
a  fine  in  any  sum  not  exceeding  fifty  dollars,  for  each 
offense. 

SEC.  6.  It  shall  be  the  duty  of  the  inhabitants  in 
each  district  to  make  and  keep  in  repair,  under  the  di- 
rection and  control  of  the  Water  Master  or  his  deputies, 
such  locks,  dams,  gates  or  sluiceways  as  maybe  neces- 
sary to  secure  an  equal  and  a  fair  distribution  of  water 
to  the  several  districts. 


OEDINANCES.  67 

SEC.  7.  It  shall  be  the  duty  of  the  Water  Master 
to  adjudicate  all  difficulties  arising  from  the  distribu- 
tion of  water  in  the  several  districts. 

SEC.  8.  The  Water  Master  shall  report,  in  writ- 
ing, quarterly,  his  proceedings  to  the  City  Council, 
and  recommend  such  improvements  as  he  may  deem 
necessary  for  their  action. 


Sealer  of  Weights  and  Measures. 

SEC.  1.  Weights  and  Measures  to  be  examined  and  tested. 

SEC.  2.  Register  to  be  kept — False  measures — Report. 

SEC.  3.  Weights,  etc.,  must  be  inspected. 

SEC.  4.  Fees  of  Sealer. 

SEC.  5.  Sealer  to  inspect  when  required. 

SEC.  6.  Spring  balances  prohibited. 

SEC.  7.  Deputies  provided  for. 

SEC.  1.  The  Sealer  of  Weights  and  Measures 
shall,  twice  every  year,  at  intervals  not  exceeding  six 
months,  and  oftener  if  required,  examine  and  test  the 
accuracy  of  all  weights,  measures,  scales  or  other 
things  used  by  merchants  and  others  for  weighing  or 
measuring  anything  bought  or  sold  by  them;  he  shall 
stamp  with  a  suitable  seal,  to  be  prescribed  by  the  City 
Council,  all  weights,  measures  and  scales  so  used, 
which  he  may  find  conform  to,  or  which  he  may  cause 
to  conform  to,  the  standard  prescribed  by  the  laws  of 
this  Territory,  and  he  shall  deliver  to  the  owner  there- 
of a  certificate  of  the  accuracy  of  such  weights  and 
measures. 


68  ORDINANCES. 

SEC.  2.  It  shall  further  be  his  duty  to  register  the 
names  of  all  persons  whose  weights,  measures  or 
scales  he  may  find  to  be  accurate  or  may  cause  to  be 
rendered  accurate.  He  shall  seize  in  the  name  of  the 
city  all  false  weights,  measures  and  scales  which  he 
may  find  and  which  the  owner  has  neglected  to  make 
conformable  to  the  provisions  of  this  ordinance,  and 
shall  immediately  report  such  person  to  the  Mayor  or 
any  Alderman;  he  shall  also  further  report  in  writing 
every  six  months  to  the  City  Eecorder  the  names  of 
the  owners  and  the  number  of  weights,  measures  and 
scales  examined. 

SEC.  3.  All  persons  using  weights,  measures, 
scales  or  other  things  for  weighing  or  measuring  any 
article  bought  or  sold  in  this  city,  shall  cause  the  same 
to  be  examined,  tested  and  sealed  as  hereinbefore  pro- 
vided, and  any  person  failing  so  to  do  shall  be  liable 
to  pay  a  fine  of  not  less  than  one  nor  more  than  fifty 
dollars  for  each  offense. 

SEC.  4.    The    Sealer   of  Weights  and  Measures 
shall  be  entitled  to  receive  for  each  examination,  test- 
ing, sealing  and  certifying,  as  hereinbefore  required, 
the  following  fees,  which  shall  be  collected  from  the 
owner  or  owners  of  the  weights,  measures,  scales  or 
other  articles  to  be  inspected  : 
Any    ground,  floor,  platform,  counter  or  other 
scales  by  which  may  be  weighed  not  exceed- 
ing two  hundred  pounds,        .         .         .         25c. 
Any  such  instrument  by  which  may  be  weighed 
over  two  hundred  and  less  than  six  hundred 
pounds,         ...          ...         50c. 

Over  six  hundred  pounds  and  less  than  twelve 

hundred  pounds,  ....       $1.00 


ORDINANCES.  69 

Over  twelve  hundred  pounds,  .  .  .  $1.50 
For  any  yard  stick,  dry  or  liquid  measure,  .  lOc. 
Any  nest  or  set  of  measures,  .  .  .  25c. 
And  the  weights  attached  to  any  scale  shall,  as  to  the 
compensation  of  the  Sealer  of  Weights  and  Measures, 
be  considered  a  part  of  the  scale:  Provided,  that  where 
any  such  weight,  measure  or  instrument,  previously 
inspected,  shall,  upon  subsequent  examination,  be 
found  correct,  and  shall  not  be  required  to  be  stamped 
a  second  time,  the  aforesaid  Sealer  of  Weights  and 
Measures  shall  not  receive  more  than  one-half  the  com- 
pensation provided  for,  which  amount  shall  be  paid  by 
Ogden  City. 

SEC.  5.  The  Sealer  of  Weights  and  Measures 
shall  examine  and  test  any  of  the  before-mentioned 
instruments  for  weighing  or  measuring,  on  application 
by  any  person  who  shall  tender  to  him  the  fees  which, 
by  the  preceding  section,  he  is  authorized  to  receive, 
and  he  shall,  in  every  case  where  he  may  employ  labor 
or  material  in  making  accurate  any  weight  or  measure, 
be  entitled  to  extra  compensation  therefor,  and  to 
retain  the  article  upon  which  such  labor  or  material  has 
been  employed,  until  compensated  therefor. 

SEC.  6.  It  shall  not  be  lawful  for  any  person 
buying  or  selling  any  article  of  merchandise  bought  or 
sold  by  weight,  to  use  within  the  limits  of  the  city 
any  species  of  spring  balances  to  determine  the  weight 
of  such  articles  so  bought  and  sold.  And  any  person 
violating  the  provisions  of  this  section  shall,  on  con- 
viction thereof,  be  fined  in  any  sum  not  less  than  one 
dollar  nor  more  than  ten  dollars,  and  costs  of  prosecu- 
tion, for  each  offense. 


70  ORDINANCES. 

SEC.  7.  The  Sealer  of  Weights  and  Measures 
may  appoint  one  or  more  deputies,  subject  to  the  ap- 
proval of  the  City  Council,  and  such  deputies  shall 
qualify  in  like  manner  and  perform  the  same  duties 
and  be  entitled  to  the  same  fees  as  are  herein  provided 
for  the  Sealer  of  Weights  and  Measures. 


Engineer. 

SEC.  1.  City  Engineer  to  make  survey  and  estimate. 

SEC.  2.  To  ascertain  the  grade  of  streets. 

SEC.  3.  .To  make  survey  and  plat  of  proposed  streets. 

SEC.  4.  Initial  point  of  city  surveys  defined. 

SEC.  5.  Duplicate  plats  of  surveys  to  be  filed. 

SEC.  6.  Metes  and  bounds  to  be  defined  by  City  Engineer. 

SEC.  7.  Fees. 

SEC.  1.  It  shall  be  the  duty  of  the  City  Engineer, 
in  connection  with  the  Street  Committee,  at  any  time 
when  required  by  the  City  Council,  to  survey  and  plat, 
and  make  as  accurate  an  estimate  as  practicable  of  any 
improvement  hi  the  streets,  alleys  and  highways  of 
Ogden  City,  contemplated  by  said  Council ;  and  in 
making  such  survey  the  said  Engineer  shall  designate, 
by  suitable  marks  and  stakes  placed  in  the  ground, 
the  situation  and  character  of  such  improvement  as 
surveyed  and  estimated  by  him,  so  that  the  same  may 
be  observed  and  examined  by  any  person  desiring  to 
contract  for  doing  the  same. 

SEC.  2.  The  City  Engineer  shall,  as  soon  as  prac- 
ticable, ascertain  and  designate  upon  suitable  plats 
thereof  to  be  by  him  prepared,  the  grade  of  each  cross- 


OEDINANCES.  71 

ing  in  all  the  streets  and  alleys  in  said  city  within  the 
city  plat,  and  shall  also  designate  the  same  by  some 
suitable  post  or  mark  fixed  at  each  crossing,  or  upon 
some  permanent  monument  near  thereto,  and  shall  re- 
port to  the  City  Council  for  their  consideration,  and  in 
case  the  City  Council  shall  make  any  change  in  the 
grade  so  reported,  the  Engineer  shall  designate  such 
change  upon  the  monument  so  placed  by  him  or  desig- 
nated as  aforesaid. 

SEC.  3.  Whenever  required  by  the  City  Council, 
the  City  Engineer  shall  survey  and  plat  any  street  or 
highway  contemplated  to  be  opened  in  said  city,  and 
shall  return  such  plat  to  the  City  Council  with  such 
notes  and  explanations  as  shall  present  a  clear  descrip- 
tion of  the  route  of  such  contemplated  street  and  high- 
way, with  a  designation  thereon  of  the  lands  or  lots 
through  which  the  same  will  pass,  and  the  proprietor 
or  owner  of  each  part  or  parcel  thereof,  with  the 
amount  of  land  proposed  to  be  taken  from  each. 
Whenever  required  so  to  do  he  shall  fix  and  determine 
according  to  the  plat  of  said  city,  the  corners  of  any  lot 
within  the  same  where  the  grade  of  the  street  has  been 
established,  and  shall  fix  a  stake  at  each  corner  on  the 
front  and  rear  of  such  lot,  marking  thereon  the  num- 
ber of  feet  or  inches  the  top  of  such  stakes  are  above 
or  below  the  grade. 

SEC.  4.  The  point  of  intersection  of  the  base  and 
meridian  lines  as  established  by  the  United  States  sur- 
vey, Salt  Lake  meridian,  shall  be  the  initial  point  of 
all  surveys  within  Ogden  City,  and  all  surveys  shall 
cpnform  to  the  original  survey,  as  near  as  may  be. 

SEC.  5.    It  shall  be  the  duty  of  the  City  Engineer 


72  ORDINANCES. 

to  make  and  attest  a  duplicate  plat  of  the  surveys  and 
subdivisions  of  all  property  surveyed  and  subdivided 
within  the  limits  of  Ogden  City,  and  file  the  same  i 
the  City  Recorder's  office,  and  all  errors  and  discrep- 
ancies in  original  surveys  or  re- surveys  shall  be  noted 
and  filed  in  like  manner,  as  soon  as  determined,  and 
such  duplicate  plats  are  hereby  declared  to  be  official 
plats  of  said  city:  Provided,  however,  that  nothing 
herein  contained  shall  be  deemed  an  acceptance  of  the 
control  or  responsibility  of  streets,  alleys  or  sidewalks 
not  accepted  or  declared  open  by  the  City  Council. 

SEC.  6.  It  shall  be  the  duty  of  the  City  Engineer 
to  determine  the  corner  or  boundary  lines  oi  any  block, 
lot  or  part  of  a  lot  within  the  city  when  required  by 
any  person  so  to  do,  and  furnish  such  person  a  certifi- 
cate of  such  survey  when  required:  Provided,  that  the 
lawful  fees  are  tendered  him  for  such  services. 

SEC.  7.  The  fees  of  the  City  Engineer  shall  be  for 
all  services  rendered  as  herein  required,  not  exceeding 
eight  dollars  per  day,  one  dollar  per  hour  for  the  time 
necessarily  spent  in  such  labor. 


Sexton  and  Burying  Grounds. 

SEC.  1.  Duties. 

SEC.  2.  Authorized  to  sell  lots. 

SEC.  3.  Compensation. 

SEC.  4.  Porter  provided  for— Compensation. 

SEC.  5.  Location  of  lots  and  graves  to  be  reported. 

SEC.  6.  All  burials  to  be  in  the  Cemetery,  except  by  permission. 

SEC.  7.  Disinterments — Injuries. 

SEC.  8.  Burial  of  murderers  in  cemetery  prohibited— Penalties. 

SEC.  1.    It  shall  be  the  duty  of  the  Sexton  to  take 


ORDINANCES.  73 

charge  of  the  public  burying  grounds  in  Ogden  City; 
to  see  to  the  digging  of  graves,  furnishing  of  coffins, 
and  conveying  the  dead  when  called  upon  so  to  do  by 
any  person  entitled  to  bury  in  said  grounds;  and  to 
keep  a  record  of  all  deaths  of  persons  buried  in  said 
burying  grounds  which  shall  come  under  his  observa- 
tion, or  shall  be  reported  to  him  by  the  citizens  of  the 
city,  which  record  shall  include  the  name  of  the  per- 
son deceased,  with  his  or  her  parents1  names;  where 
and  when  born;  the  time  of  death  and  cause  thereof; 
together  with  the  name  of  the  physician  or  nurse  who 
attended  such  person. 

SEC.  2.  The  Sexton  is  hereby  authorized  to  sell 
lots  in  said  grounds,  and  to  collect  all  dues  arising 
from  such  sales;  and  all  such  sales  shall  be  reported 
by  him  to  the  Treasurer;  and  all  moneys  received  by 
him  therefor,  less  ten  per  cent.,  which  shall  be  retained 
by  him  as  a  commission,  shall  be  paid  into  the  City 
Treasury  as  often  as  once  a  quarter.  He  shall  give  to 
each  purchaser  a  certificate  of  payment  for,  with  a 
description  of  the  lot  or  lots  so  purchased.  And  the 
Mayor  of  the  city  is  hereby  authorized  to  make  to 
said  purchaser,  a  good  and  sufficient  title  to  said  lot  or 
lots,  on  presentation  to  him  of  said  certificate  and  cost 
of  deed.  The  price  of  each  of  said  lots  shall  not  ex- 
ceed the  sum  of  three  dollars. 

SEC.  3.  The  Sexton  is  hereby  authorized  to  col- 
lect from  those  requiring  his  services,  not  more  than  the 
following  compensation: 

For  furnishing  and  staining  a  plain  coffin, 
per  foot,  running  measure,     ....        $1.25 

For  digging  grave  four  feet  in  length  and 
under, 2.00 


74  OKDINANCES. 

For  all  graves  over  four  feet  in  length,  $3.00 

All  graves  shall  not  be  less  than  six  feet  in  depth, 
and  the  above  price  shall  include  the  replacing  of  the 
earth  in  all  graves  dug  by  the  Sexton. 

For  conveying  coffin  to  any  part  of  the 
city,  per  mile  or  fractional  part  thereof,         .        $  .50 

For  conveying  the  dead  from  any  part  of 
said  city  to  the  cemetery  in  the  hearse,  .          2.50 

For  recording  as  required  in  this  ordi- 
nance,       .50 

SEC.  4.  The  Sexton  is  hereby  authorized  to  ap- 
point a  Poiter  for  the  cemetery,  subject  to  the  approval 
of  the  City  Council.  It  shall  be  the  duty  of  said  Por- 
ter to  take  charge  of  and  improve  the  cemetery  grounds 
under  the  direction  of  the  Sexton,  for  which  service  he 
shall  be  compensated  at  the  rate  of  two  dollars  per  day 
for  the  time  spent  in  such  service. 

SEC.  5.  The  owners  of  lots,  or  the  relatives  or 
friends  of  deceased  persons  buried  in  said  grounds, 
are  hereby  required  to  erect  bounds  or  monuments  at 
the  corners  of  their  lots,  or  headboards  with  the  names 
of  the  deceased  thereon,  indicating  the  lot  or  grave  of 
persons  so  buried,  and  to  report  the  same,  together 
with  the  information  desired,  to  the  Sexton;  and  if  any 
person  fails  to  erect  such  bounds,  monument  or  board, 
it  shall  be  done  by  the  Sexton  at  the  expense  of  the 
person  owning  or  burying  in  such  lot. 

SEC.  6.  No  person  or  persons  shall  be  allowed  to 
inter  their  dead  within  the  limits  of  this  city,  except  in 
the  public  cemetery,  unless  by  permission  of  the  City 
Council;  and  no  persons  shall  bury  in  said  cemetery, 
without  first  obtaining  title  to  the  lot  on  which  they 


ORDINANCES.  75 

bury,  or  permission  of  the  person  owning  the  lot  if 
sold,  or  of  the  Sexton  if  unsold. 

SEC.  7.  No  person  shall  disinter  any  body  buried 
in  said  grounds,  except  under  the  direction  of  the  Sex- 
ton, or  shall  injure  any  monument,  shrub,  tree  or  any 
other  property  belonging  to  said  grounds  or  being 
thereon. 

SEC.  8.  There  shall  not  be  interred  within  the 
limits  of  any  cemetery  in  this  city,  the  body  of  any 
person  known  to  the  law  as  a  murderer;  and  any  per- 
son violating  any  provision  of  this  ordinance,  shall  be 
liable  to  a  line  in  any  sum  not  exceeding  one  hundred 
dollars,  or  to  imprisonment  for  any  term  not  exceeding 
six  months,  or  to  both  fine  and  imprisonment. 


Inspector  of  Buildings. 

SEC.  1.    To  inspect  buildings  and  materials. 
SEC.  2.    To  enforce  ordinances — Compensation. 
SEC.  3.    To  abate  cause  of  danger  from  fire. 

SEC.  4.    Inspectors  and  persons  under  his  directions  not  to  be  obstruct- 
ed—Penalty. 

SEC.  5.    Penalty. 

SEO.  1.  It  shall  be  the  duty  of  the  Inspector  of 
Buildings,  when  called  upon,  to  examine  all  public 
and  private  buildings,  bridges,  dams,  locks,  gates, 
reservoirs,  aqueducts  or  other  public  works,  and  cer- 
tify as  to  the  strength,  safety,  workmanship  and  gene- 
ral condition  of  the  same.  He  shall  also,  when  request- 
ed, inspect  all  building  material  which  may  be  offered 


76  ORDINANCES. 

for  sale,  measure  all  buildings,  building  material, 
mason  and  other  mechanical  work,  and,  when  requir- 
ed, certify  to  the  measurement  thereof,  which  certificate 
shall  be  evidence  of  the  things  therein  certified  to. 

SEC.  2.  Said  Inspector  shall,  when  he  may  deem 
it  necessary,  carefully  inspect  buildings  in  the  course 
of  construction,  and  shall  cause  to  be  carried  into 
effect  all  ordinances  providing  for  the  prevention  of 
fires;  and  he  may  require  the  removal,  or  prevent  the 
construction  of  any  fireplace,  chimney,  flue,  hearth, 
stove  or  pipe  in  any  building,  which  may  seem  to  en- 
danger life  or  property;  and  may  direct  the  construc- 
tion of  safe  places  of  deposit  for  ashes;  and  may 
require  the  removal  of  all  shavings,  straw,  packing, 
papers,  or  other  rubbish  from  back  yards,  buildings 
or  other  places,  by  the  owners  or  occupants  thereof, 
and  for  all  such  service  he  shall  be  paid  one  dollar  per 
hour  by  the  parties  requiring  such  service,  or  in  behalf 
of  whose  property  the  same  shall  be  rendered. 

SEC.  3.  It  shall  be  the  duty  of  said  Inspector  to 
examine  carefully,  under  the  direction  of  the  City 
Council,  any  cause  from  which  immediate  danger  from 
fire  may  be  apprehended,  and  remove  or  abate,  with 
the  consent  of  the  Mayor  or  any  Alderman  (in  case  of 
neglect  of  the  owner  or  occupant),  any  cause  from 
which  danger  may  be  apprehended,  and  to  cause  all 
buildings,  chimneys,  flues,  stoves,  pipes,  hearths, 
ovens,  boilers,  ash-houses,  and  other  apparatus  used 
in  any  building  which  shall  be  found  in  such  condition 
as  to  be  considered  unsafe,  to  be,  without  delay,  at  the 
expense  of  the  owner  or  occupant  thereof,  put  in  such 
condition  as  not  to  be  dangerous  in  causing  or  promo- 
ting fires. 


ORDINANCES.  77 

SEC.  4.  If  any  person  shall  obstruct  or  hinder  the 
Inspector  of  Buildings,  or  any  person  acting  under  the 
direction  of  said  Inspector,  in  the  performance  of  his 
duties  under  the  preceding  section,  such  person  for 
every  such  offense  shall  forfeit  and  pay  the  penalty  of 
twenty- five  dollars. 

SEC.  5.  Any.  person  who  shall  neglect  or  refuse  to 
conform  to  the  provisions  of  this  chapter  or  the  instruc- 
tions of  said  Inspector  as  herein  provided,  after  having 
been  served  with  a  notice  in  writing  setting  forth  dis- 
tinctly some  one  of  the  dangers  hereinbefore  stated, 
with  instructions  to  remedy  the  same  without  delay, 
shall  be  liable,  for  each  oifense,  to  a  fine  in  any  sum 
not  exceeding  one  hundred  dollars. 


Inspector  of  Provisions. 

SEC.  1.    Duties. 

SEC.  2.    Power  of  seizure. 

SEC.  3.    To  report. 

SEC.  1.  It  shall  be  the  duty  of  the  Inspector  of 
Provisions,  when  requested  by  the  Mayor  or  any  Al- 
derman, to  inspect  all  meats,  flour,  vegetables  or 
other  provisions,  and  certify  to  the  quality  of  the  same, 
for  which  service  he  shall  receive  at  the  rate  of  three 
dollars  per  day. 

SEC.  2.  Should  any  person  be  found  offering  to 
the  public  provisions  unfit  for  use,  the  Inspector  is 
hereby  authorized  to  seize  the  [same  in  the  name  of 


78  ORDINANCES. 

the  city;  he  shall  prosecute  such  offenders  and  shall 
hold  such  provisions  subject  to  the  direction  of  the 
Mayor  or  Alderman  before  whom  the  person  so  offend- 
ing shall  be  brought. 

SEC.  3.  Said  Inspector  shall  make  a  report  of  his 
proceedings  quarterly,  or  often er  if  required,  in  writing 
to  the  City  Council. 


Inspector  of  StocTc. 

SEC.  1.  Inspector  to  take  charge  of  market  and  keep  record — Compensa- 
tion. 

SEC.  2.  Prohibition— Penalty. 

SEC.  3.  Stock  to  te  inspected— Penalty. 

SEC.  4.  Animals  to  be  inspected — Brands  to  be  reported. 

SEC.  5.  Penalty. 

SEC.  1.  It  shall  be  the  duty  of  the  Stock  Inspec- 
tor to  take  charge  of  the  stock  market,  and  to  receive 
all  stock  that  shall  be  brought  thereto  for  sale  or  in- 
spection. He  shall  also  keep  a  book,  in  which  he  shall 
record  a  true  description,  including  marks  and  brands, 
of  all  stock  inspected  by  him,  and  the  names  of  per- 
sons bringing  such  stock  to  said  market  for  sale  or  in- 
spection. Said  Inspector  shall  be  entitled  to  receive  as 
compensation  from  any  person  requiring  a  certificate 
of  inspection,  the  sum  of  twenty-five  cents  for  the 
first,  and  ten  cents  for  each  additional  animal  inspect- 
ed and  certified  to.  He  shall,  as  often  as  once  in  three 
months /and  of  ten  er  if  required  by  the  City  Council, 
submit  to  the  Treasurer  a  full  report  of  all  business 


ORDINANCES.  79 

done  and  moneys  received  as  Inspector,  and  shall,  at 
such  periods,  pay  into  the  Treasury  one-half  of  all 
moneys  so  received. 

SEC.  2.  All  persons  are  hereby  forbidden  to  sell, 
or  offer  for  sale,  any  beef  cattle  in  any  street,  lane, 
alley  or  other  public  place  within  the  limits  of  the 
city,  without  having  the  same  inspected  by  the  Stock 
Inspector,  and  any  person  so  offending  shall  be  liable 
to  a  fine  in  any  sum  not  exceeding  one  hundred  dol- 
lars for  each  offense. 

SEC.  3.  All  butchers  or  other  persons  keeping  a 
slaughter  house  within  the  limits  of  the  city,  shall 
obtain  from  said  Stock  Inspector  a  certificate  of  inspec- 
tion of  all  beeves  slaughtered  by  them,  before  the  same 
shall  have  been  slaughtered;  and  any  butcher  or 
slaughterman  who  shall  kill  animals  for  beef  without 
first  obtaining  such  certificate,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  liable  to  a  fine  in  any 
sum  not  exceeding  one  hundred  dollars  for  each 
offense. 

SEC.  4.  All  persons  having  licenses  to  sell  horses, 
mules  or  cattle,  at  public  or  private  sale,  shall,  before 
offering  such  animals  for  sale,  have  them  inspected  by 
the  Stock  Inspector,  who  shall  record  a  general  descrip- 
tion of  the  same,  including  marks  and  brands;  and  if 
any  animal  so  offered  for  inspection  or  sale  shall  have 
any  recorded  mark  or  brand  of  any  resident  of  Utah 
Territory,  and  shall  not  be  in  possession  of  the  owner 
of  such  mark  or  brand,  it  shall  be  the  duty  of  said  In- 
spector to  immediately  report  the  facts  of  such  case  to 
some  police  officer. 


80  ORDINANCES. 

SEC.  5.  Any  person  neglecting  or  refusing  to 
comply  with  the  provisions  of  this  subdivision  shall  be 
liable  to  a  fine  in  any  sum  not  exceeding  one  hundred 
dollars  for  each  offense. 


Inspector  of  Liquors. 

SEC.  1.  Liquors  and  wines  to  be  inspected. 

SEC.  2.  U.  S.  standard  adopted. 

SEC.  3.  Fees. 

SEC.  4.  Fees  to  be  paid  but  once — Prohibition. 

SEC.  5.  Reducing  strength  and  adulteration  forbidden. 

SEC.  6.  Reports. 

SEC.  7.  Penalties. 

SEC.  1.  All  persons  receiving,  storing  or  vending 
spirituous  liquors  and  wines  within  the  limits  of 
Ogden  City,  are  hereby  required  to  have  the  same — 
except  such  as  are  brought  in  bottles — inspected  and 
tested  by  the  Inspector  of  Liquors,  before  offering  said 
liquors  and  wines  for  sale.  Any  persons  failing  to  com- 
ply with  the  provisions  of  this  section,  shall  be  subject 
to  a  fine  of  not  not  less  than  five*dollars  nor  more  than 
one  hundred  dollars  for  each  offense. 

SEC.  2.  It  shall  be  the  duty  of  said  Inspector  to 
inspect  all  liquors  which  may  be  subject  to  inspection, 
according  to  the  proof  standard  established  by  the 
United  States  statutes,  and  to  mark  on  the  barrel  or 
vessel  containing  such  liquor,  the  quantity  and 
strength  thereof,  the  date  of  inspection,  and  the  name 
of  the  Inspector. 


ORDINANCES.  81 

SEC.  3.  It  shall  be  the  duty  of  said  Inspector  to 
inspect  and  test  all  liquors  contained  in  casks,  barrels 
or  other  vessels,  within  the  limits  of  said  city,  twice 
within  each  year  from  and  after  the  passage  of  this  or- 
dinance, at  intervals  not  exceeding  seven  months,  or 
when  called  upon  by  the  Mayor  or  any  Alderman  of 
the  city  for  such  purpose.  And  said  inspector  shall 
be  entitled  to  receive  from  the  owner  of  the  liquors 
inspected,  the  following  prescribed  fees,  to  wit : 

For  inspecting  and  testing  one  cask  or  vessel  of 
liquor,  $1.00. 

For  inspecting  and  testing  all  over  one  cask  or 
vessel  in  the  same  lot,  each,  50  cents. 

SEC.  4.  All  liquors  offered  for  sale  within  the 
city  shall  be  liable  to  inspection  at  any  time,  but  the 
owner  thereof  shall  not  be  liable  to  pay  for  more  than 
one  inspection  of  the  same  liquor. 

SEC.  5.  Any  person  who  shall  alter,  change  or  de- 
face the  Inspector's  mark  on  any  barrel,  cask  or  other 
vessel  containing  liquors  so  inspected  or  offered  for 
sale,  or  shall  reduce  in  strength  or  adulterate  the  same, 
shall  be  liable  to  a  fine  in  any  sum  not  exceeding  one 
hundred  dollars,  or  to  imprisonment  not  exceeding 
three  months,  or  both,  for  every  such  offense. 

SEC.  6.  It  shall  be  the  duty  of  said  Inspector  to 
make  to  the  City  Recorder  of  the  city,  senii-annual- 
ly,  or  oftener  if  required  by  the  City  Council,  a  report 
of  the  quantity,  kind  and  strength  of  liquors  inspected 
by  him,  and  the  names  of  the  persons  offering  such 
liquors  for  sale.  He  shall  also  make  report  forthwith, 
to  the  Mayor  or  any  Alderman  of  the  city,  of  any  and 
all  liquors  which  he  may  find  adulterated,  or  changed 


82  ORDINANCES. 

from  the  proof  marked  on  said  casks,  barrels  or  vessels 
as  hereinbefore  required. 

SEC.  7.  Any  person  violating  the  provisions  of 
this  chapter  shall  be  liable  to  a  fine  in  any  sum  not 
exceeding  one  hundred  dollars  for  each  offense,  or  to 
imprisonment  not  exceeding  six  months,  or  to  both 
fine  and  imprisonment. 


Medical  Board  of  Examiners. 

SEC.  1.    Duties. 

SEC.  2.    Practitioners  to  obtain  certificates. 

SEC.  3.    Penalty. 

SEC.  1.  It  shall  be  the  duty  of  the  Medical  Board 
of  Examiners,  consisting  of  three  or  more  competent 
persons,  who  shall  be  appointed  by  the  City  Council, 
to  examine  into  the  abilities  of  all  applicants  for  a 
certificate  of  qualifications  to  carry  on,  within  the  limits 
of  Ogden  City,  the  business  or  profession  of  physician, 
druggist,  apothecary,  dentist,  surgeon,  oculist,  aurist 
or  accoucheur.  The  said  Board  of  Examiners,  after 
said  examination,  shall  give  to  each  competent  person 
so  examined,  a  certificate  of  qualification,  on  which 
shall  be  stated  the  name  of  the  person  so  examined, 
the  date  of  the  examination  and  the  business  or  profes- 
sion such  person  may  wish  to  carry  on;  and  the  certi- 
ficate shall  be  signed  by  said  Board  of  Examiners. 
The  Board  of  Examiners  shall  hold  their  office  during 
the  pleasure  of  the  City  Council. 

SEC.  2.    No  person    shall,    within    the  limits  of 


ORDINANCES.  83 

Ogden  City,  carry  on  any  of  the  businesses  or  profes- 
sions named  in  Section  1  of  this  chapter,  without  first 
obtaining  from  said  Board  of  Examiners  a  certificate 
of  qualification. 

SEC.  3.  Any  person  violating  the  provisions  of 
this  chapter  shall  be  liable  to  a  fine  in  any  sum  not 
exceeding  one  hundred  dollars  for  each  offense. 


Jailor. 

SEC.  1.     Duties — Shall  enforce  rules. 

SEC.  1.  It  shall  be  the  duty  of  the  Jailor  to  take 
charge  of  the  city  prison,  to  cause  the  same  to  be 
warmed  and  lighted  when  it  shall  be  necessary,  and  to 
keep  it  clean  and  in  proper  order.  He  shall  have  the 
custody  of  the  inmates  thereof,  and  shall  see  to  feed- 
ing and  otherwise  caring  for  them.  He  shall  further- 
more see  that  all  rules  prescribed  by  the  City  Council 
for  the  government  of  the  prison  are  carried  into  effect. 

Approved  January  27,  1881. 


84  ORDINANCES. 


CHAPTER  IX. 

CREATING    CERTAIN    OFFICES    AND   RELATING     TO     THE 
TENURE  THEREOF. 

SBC.  1.    Names  of  appointive  offices. 
SEC.  2.    Tenure  of  oflices. 

SEC.  1.  There  are  hereby  created  the  following 
named  offices,  which  shall  be  filled  by  appointment  by 
the  City  Council,  to  wit ; — Attorney,  Captain  of  Police, 
Supervisor  of  Streets,  Water  Master,  Sealer  of  Weights 
and  Measures,  Inspector  of  Buildings,  Sexton,  In- 
spector of  Spirituous  and  Malt  Liquors,  Superinten- 
dent of  Water  Works,  Medical  Board  of  Examiners, 
Quarantine  Physician,  Stock  Inspector,  Inspector  of 
Provisions,  Chief  of  Fire  Department,  and  Police  Com- 
missioners, the  respective  duties  of  which,  together 
with  the  duties  of  the  elective  offices,  shall  be  defined 
by  ordinance. 

SEC.  2.  All  officers  appointed  by  the  City  Council 
shall  hold  their  offices  during  the  pleasure  of  said 
Council,  unless  otherwise  provided  by  ordinance. 

Approved  January  27,  1881. 


ORDINANCES.  85 

CHAPTER  X. 

CRIMES   AND  PUNISHMENTS. 


SEC.  1.    Assault— Penalty.    . 

SEC.  2.    Assault  and  beat — Penalty. 

SEC.  3.    Disturbing  the  peace— Penalty. 

SEC.  4.    Riots— Penalties— Proclamation— Arrests. 

SEC.  5.    Assistance  to  be  given — Penalty. 

SEC.  6.    Disturbing  public  assemblies — Penalty. 

SEC.  7.  False  alarm  of  fire— Loud  noises— Indecent  or  abusive  language 
or  conduct — Penalty. 

SEC.  8.    Drunkenness — Penalty. 

SEC.  9.    Escape  of  prisoners — Penalty. 

SEC.  10.  Abetting  escape  of  prisoners— Penalty. 

SEC.  11.  Penalty  for  refusing  aid. 

SEC.  12.  Malicious  mischief— Penalty. 

SEC.  13.  Maiming  or  poisoning  domestic  animals. 

SEC.  14.  Cruelty  to  animals — Penalty. 

SEC.  15.  Fast  driving — Driving  on  sidewalks — Penalty. 

SEC.  16.  Destruction  of  marks  and  bounds— Penalty. 

SEC.  17.  Posting  bills  or  notices  -without  permission. 

SEC.  18.  Defacing  bills  or  notices — Penalty. 

SEC.  19.  Malicious  destruction  of  property— Deadfalls,  pits,  gins  and 
traps — Penalty. 

SEC.  20.  Using  flippers  and  slings— Flying  kites— Playing  ball  on  the 
streets — Pen  al  ty . 

SEC.  21.  Unwholesome  food  and  drink— Penalty. 

SEC.  22.  Deposit  of  rubbish  on  streets— Penalty. 

SEC.  23.  Gambling  houses— Penalty— Keeper— Owner  of. 

SEC.  24.  Gambling— Penalty. 

SEC.  25.  Sabbath  breaking—Penalty. 

SEC.  26.  Profaning— Penalty. 

SEC.  27.  Obscene — Penalty. 

SEC.  28.  Indecent— Penalty. 

SEC.  29.  Prostitution— Penalty. 

SEC.  30.  Liquors  not  to  be  sold  or  given  to  children  or  apprentices— Pen- 
alty. 

SEC.  31.  Enticing  minors  or  others— Penalty. 

SEC.  32.  Mendicancy  forbidden— Diseased  or  unsightly  persons  not  to  ex- 
pose themselves  to  public  view — Penalty. 

SEC.  33.  Vagrants— Penalty. 

SEC.  34.  Certain  characters  declared  to  be  vagrants. 

SEC.  35.  Mode  of  procedure  against  vagrants. 


86  ORDINANCES. 

SEC.  3f>.  Feeding  putrid  meat  to  swine — Penalty. 

SEC.  37.  Fowls  not  to  run  at  large. 

SEC.  38.  Discharging  firearms. 

SEC.  39.  Breastwork  required. 

SEC.  40.  Lawful  breastwork. 

SEC.  41.  Pardons. 

SKC.  42.  Mayor  to  report  fines  remitted  and  pardons  granted. 

SEC.  1.  If  any  person  within  the  limits  of  Ogden 
City  shall  assault  another,  he  shall  be  liable  to  a  fine 
in  any  sum  less  than  three  hundred  dollars,  or  to  im- 
prisonment in  the  city  jail  not  exceeding  three  months. 

SEC.  2.  If  any  person  within  the  limits  of  the 
city  assault  and  beat  another,  he  shall  be  liable  to  a 
fine  in  any  sum  less  than  three  hundred  dollars,  or  to 
imprisonment  in  the  city  jail  not  exceeding  six 
months,  or  both. 

SEC.  3.  Every  person  who,  within  the  limits  of 
the  city,  shall  maliciously  and  wilfully  disturb  the 
peace  or  quiet  of  any  neighborhood,  family  or  person, 
by  loud  or  unusual  noise,  or  by  tumultuous  or  offen- 
sive conduct,  or  by  threatening,  traducing,  quarreling, 
challenging  to  fight,  or  fighting,  is  punishable  by  fine 
'not  exceeding  two  hundred  dollars,  or  by  imprison- 
ment in  the  city  jail  not  exceeding  two  months. 

SEC.  4.  When  three  or  more  persons  assemble 
together,  and  in  a  violent  and  tumultuous  manner 
commit  an  unlawful  act,  or  do  a  lawful  act  in  an  un- 
lawful, violent  or  tumultuous  manner,  to  the  disturb- 
ance of  the  peace,  within  the  limits  of  the  city,  it  shall 
be  deemed  a  riot,  and  every  such  offender  shall  be 
liable  to  a  fine  in  any  sum  less  than  three  hundred 
dollars,  or  to  imprisonment  not  exceeding  six  months, 
or  both  fine  and  imprisonment:  and  the  Mayor  or  any 


ORDINANCES.  87 

Alderman  is  hereby  authorized  to  make  proclamation 
among  the  persons  so  assembled,  or  as  near  to  them 
as  he  can  safely  come,  charging  and  commanding  them, 
in  the  name  of  the  city,  to  immediately  disperse  and 
peacefully  depart  to  their  habitations  or  lawful  pur- 
suits; and  if,  upon  such  proclamation  being  made,  such 
persons  shall  not  obey  the  same,  said  Mayor  or  Alder- 
man may  command  the  Marshal,  the  police,  and  the 
full  power  of  the  city  to  arrest  the  offenders,  and  bring 
them  before  him,  to  be  dealt  with  according  to  the  pro- 
visions of  this  section. 

SEC.  5.  Any  person  neglecting  or  refusing  to  give 
prompt  assistance  after  the  making  of  the  aforesaid 
proclamation,  and  a  call  for  his  services  having  been 
made  to  secure  any  offenders  mentioned  in  the  preced- 
ing section,  shall  be  liable  to  a  fine  in  any  sum  less 
than  three  hundred  dollars,  or  to  imprisonment  not  ex- 
ceeding six  months,  or  to  both  fine  and  imprisonment. 

SEC.  6.  Every  person  who  shall  excite  disturb- 
ance or  contention  at  a  public  house,  court,  election, 
or  any  lawful  meeting  of  citizens  within  the  limits  of 
the  city,  shall  be  liable  to  a  fine  in  any  sum  not  ex- 
ceeding fifty  dollars,  or  to  imprisonment  not  exceed- 
ing ten  days,  or  to  both  fine  and  imprisonment. 

SEC.  7.  If  any  person  shall  disturb  the  peace  or 
quiet  of  any  other  person  or  persons,  family,  lawful 
assembly  or  neighborhood,  within  the  limits  of  the  city, 
by  giving  any  false  alarm  of  fire;  by  loud  or  unusual 
noises;  by  indecent,  abusive  or  obscene  language  or 
conduct;  by  threatening,  quarreling,  ringing  of  bells, 
blowing  of  horns  or  other  instruments,  or  by  any  other 
means  or  device  whatever,  such  person  shall  be  liable 


88  ORDINANCES. 

to  pay  a  fine  not  exceeding  one  hundred  dollars  or  to 
be  imprisoned  not  exceeding  ninety  days,  or  both,  at 
the  discretion  of  the  court,  for  each  offense. 

SEC.  8.  Any  person  found  drunk  in  any  street, 
lane,  alley  or  other  public  place  in  said  city,  shall  be 
liable  to  a  fine  not  exceeding  twenty-five  dollars  for 
each  offense,  and  any  person  found  drunk  elsewhere 
in  said  city,  on  complaint  being  made  to  any  peace 
officer,  shall  be  liable  to  arrest  and  punishment  by  fine 
not  exceeding  twenty  dollars. 

SEC.  9.  If  any  person  within  the  limits  of  this 
city,  convicted  of  crime  and  sentenced  to  imprison- 
ment, shall  escape  from  confinement  or  custody,  he 
shall  be  liable  to  be  punished  by  imprisonment  not 
exceeding  the  time  for  which  he  was  first  imprisoned, 
to  commence  from  and  after  the  expiration  of  the 
original  term  of  his  imprisonment. 

SEC.  10.  Any  person  within  the  limits  of  this  city, 
who  shall  aid  or  assist  any  other  person  to  escape  from 
lawful  confinement,  or  who  shall  aid  or  assist  another 
to  escape  from  any  peace  officer  of  said  city,  shall,  on 
conviction,  be  liable  to  a  fine  of  not  less  than  five  nor 
more  than  one  hundred  dollars,  or  to  imprisonment 
not  to  exceed  three  months,  or  to  both  fine  and  im- 
prisonment for  each  offense.  And  any  officer  negli- 
gently permitting  any  one  to  escape  shall,  upon  con- 
viction, be  liable  to  be  fined  and  imprisoned  to  the  ex- 
tent of  the  unpaid  judgment  or  un expired  term  of  im- 
prisonment of  the  person  so  escaping. 

SEC.  11.  Any  person  refusing,  when  called  upon 
by  the  Marshal  or  other  peace  officer  of  said  city,  to 


ORDINANCES.  89 

aid  in  arresting  or  securing  an  offender,  shall  be  liable 
to  a  fine  in  any  sum  not  less  than  five  nor  more  than 
fifty  dollars  for  each  offense. 

SEC.  12.  Any  person  wilfully  or  maliciously  de- 
stroying or  injuring  any  public  or  private  property, 
within  the  limits  of  the  city,  shall  be  liable  to  a  fine 
in  any  sum  less  than  three  hundred  dollars,  or  to  im- 
prisonment not  exceeding  six  months,  or  to  both  fine 
and  imprisonment. 

SEC.  13.  Any  person  who  shall  wilfully  and 
maliciously  kill,  maim  or  disfigure  any  horse  or  other 
domestic  animal  within  the  limits  of  this  city,  the  pro- 
perty of  another,  or  maliciously  administer  poison  to 
any  such  animals,  or  expose  any  poisonous  substance, 
with  the  intent  that  the  same  shall  be  taken  by  them, 
shall  be  liable  to  a  fine  in  any  sum  less  than  three 
hundred  dollars,  or  to  imprisonment  not  exceeding  six 
months,  or  to  both  fine  and  imprisonment. 

SEC.  14.  Any  person  who  shall  maliciously  and 
cruelly  beat,  torture  or  injure  any  horse,  ox  or  any 
other  animal,  within  the  limits  of  the  city,  whether 
belonging  to  himself  or  any  other  person,  shall  be 
liable  to  a  fine  in  any  sum  not  more  than  one  hundred 
dollars,  or  to  imprisonment  not  exceeding  sixty  days, 
or  to  both  fine  and  imprisonment. 

SEC.  15.  If  any  person  shall  furiously  or  immod- 
erately ride  or  drive  any  horse,  mule  or  other  animal 
or  animals,  at  a  greater  speed  than  ordinary  travel  on 
the  highway,  on  any  street  or  avenue  of  said  city,  such 
person  shall  be  liable  to  a  fine  in  any  sum  not  exceed- 
ing fifty  dollars.  It  shall  be  the  duty  of  the  Marshal 


90  ORDINANCES. 

and  members  of  the  police  force  to  arrest  forthwith  all 
persons  violating  the  foregoing  provision  of  this  section. 
If  any  person  shall  ride,  lead  or  drive  any  horse,  mule 
or  other  animal,  or  drive  any  vehicle  upon  any  side- 
walk in  the  city,  except  at  regular  crossings,  or  suffer 
any  horse  or  other  animal  to  stand  thereon,  such  per- 
son shall,  on  conviction  thereof,  be  fined  in  any  sum 
not  to  exceed  ten  dollars. 

SEC.  16.  Any  person  who  shall  wilfully  or  ma- 
liciously take  down,  injure  or  remove  any  monument 
erected,  or  any  tree  marked  as  a  boundary  of  any  tract 
of  land,  or  city  lot,  or  street;  or  destroy,  deface  or 
alter  the  marks  of  any  monument,  or  injure  or  destroy 
any  shade  or  fruit  tree  within  the  limits  of  the  city, 
shall  be  liable  to  a  fine  in  any  sum  less  than  three 
hundred  dollars,  or  imprisonment  not  exceeding  six 
months,  or  to  both  fine  and  imprisonment. 

SEC.  17.  Any  person  who  shall  print,  paint,  write, 
mark  or  in  any  way  post  up  any  notice,  card,  adver- 
tisement or  other  device,  upon  any  wall,  fence,  tree, 
post,  building,  bridge  or  other  property,  or  cause  the 
same  to  be  done  without  the  permission  of  the  owner 
or  agent  thereof,  or  of  the  Mayor,  if  public  property, 
within  the  limits  of  the  city,  shall  be  liable  to  a  fine 
in  any  sum  less  than  three  hundred  dollars,  or  to  im- 
prisonment not  exceeding  six  months,  or  to  both  fine 
and  imprisonment  for  each  offense. 

SEC.  18.  If  any  person  shall,  without  authority, 
tear  down  or  deface  any  ordinance,  bill,  notice,  adver- 
tisement or  any  other  paper  of  a  business  or  legitimate 
character,  lawfully  posted  up  within  the  limits  of  said 
city,  at  any  time  before  the  object  of  such  notice  has 


ORDINANCES.  91 

been  accomplished,  he  shall  be  liable  to  a  fine  of  not 
more  than  one  hundred  dollars,  or  to  imprisonment 
not  exceeding  one  month  for  every  such  offense. 

SEC.  19.  Any  person  who  shall  wilfully  or  ma- 
liciously injure,  deface  or  destroy  any  building  or 
fixture  thereof,  or  wilfully  or  maliciously  injure,  de- 
stroy or  secrete  any  goods,  chattels  or  valuable  papers 
of  another,  or  maliciously  prepare  any  deadfall,  or  dig 
any  pit,  or  set  a  gin,  or  arrange  any  other  trap,  to 
injure  another's  person  or  property,  within  the  limits 
of  said  city,  shall  be  liable  to  a  fine  in  any  sum  less 
than  three  hundred  dollars,  or  to  imprisonment  not  ex- 
ceeding six  months,  or  to  both  fine  and  imprisonment. 

SEC.  20.  Any  minor  or  other  person,  who  shall 
use  any  flipper  or  sling  for  amusement  or  for  destroy- 
ing birds,  or  for  any  other  purpose;  or  who  shall  fly 
kites  or  play  ball  on  the  streets  of  the  city;  or  who 
shall  mischievously  remove  any  gate,  sign  or  other 
such  property,  within  the  limits  of  the  city,  shall  be 
liable  to  a  fine  of  not  more  than  five  dollars,  or  to  im- 
prisonment not  more  than  three  days,  or  to  both  fine 
and  imprisonment,  for  each  offense. 

SEC.  21.  Any  person  who  shall  sell,  or  expose  for 
sale,  any  bad  beef,  pork,  mutton,  or  other  meat ;  stale 
or  otherwise  impure  flour,  meal,  grain,  vegetables  or 
fruit,  or  adulterated  or  unwholesome  spirituous  or 
malt  liquors,  or  other  beverages  intended  for  drinking; 
or  any  kind  of  provision,  preparation,  condiment  or 
seasoning  for  meats  or  drinks,  shall  be  liable  to  a  fine 
in  any  sum  less  than  three  hundred  dollars,  or  to  im- 
prisonment not  exceeding  six  months,  or  to  both  fine 
and  imprisonment ;  and  such  provisions  or  drinks  shall 


£2  OKDINAtfCES. 

be  forfeited  to  the  city,  and  the  court  having  jurisdic- 
tion may  order  the  same  to  be  destroyed. 

SEC.  22.  It  shall  be  unlawful  for  any  person  to 
place  or  leave,  or  permit  to  be  placed  or  left  within  the 
limits  of  any  street,  avenue,  alley  or  sidewalk  of  this 
city,  any  wagon,  cart,  dray,  barrow,  hand-cart,  sleigh  or 
other  vehicle,  or  any  lumber,  wood,  timber  or  any  other 
article  or  thing  whatsoever,  in  such  a  manner  as  to  ob- 
struct or  interfere  with  the  public  use  of  any  such  street, 
avenue,  alley  or  sidewalk,  gutter  or  water-course  in 
the  city  by  fencing,  or  by  filling  or  removing  there- 
from any  earth,  stone  or  other  material,  or  to  interfere 
in  any  manner  therewith  except  by  permission  of  the 
City  Council ;  and  every  person  so  doing  shall  be 
deemed  guilty  of  committing  a  nuisance,  and  on  con- 
viction thereof,  shall  be  fined  in  any  sum  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars,  and  in 
addition  thereto  may,  in  the  discretion  of  the  court, 
be  imprisoned  not  to  exceed  thirty  days. 

Any  person  who  shall  throw,  cast  or  lay  any  ashes, 
offal,  vegetables,  garbage,  dross,  cinders,  shells,  straw, 
shavings,  dirt,  filth  or  rubbish  of  any  kind  whatever, 
in  any  street,  sidewalk,  water-course,  ditch,  lane, 
alley  or  public  place  in  this  city,  except  at  such  place 
as  shall  be  designated  by  the  Street  Supervisor,  shall 
be  liable  to  a  fine  not  exceeding  twenty- five  dollars  for 
each  offense. 

SEC.  23.  If  any  person  shall  keep  a  house,  shop, 
or  any  other  place  resorted  to  for  the  purpose  of  gam- 
bling, or  permit  or  suffer  any  person  in  any  house, 
shop  or  other  place  under  his  control  or  care  to  play 
at  cards,  dice,  laro,  roulette,  keno  or  any  other  game 
for  money  or  other  property,  or  things  representing 


OKDESTANCES.  93 

money  or  other  property,  within  the  limits  of  said  city, 
such  offender  for  such  offense  shall  be  liable  to  a  fine 
in  any  sum  less  than  three  hundred  dollars,  or  to  im- 
prisonment not  exceeding  six  months,  or  to  both  fine 
and  imprisonment.  In  a  prosecution  under  this  sec- 
tion, any  person  who  has  the  charge  of,  or  attends  to 
any  such  house,  shop  or  place,  may  be  deemed  the 
keeper  thereof ;  and  any  person  renting  out  a  house  or 
place  for' the  purpose  of  gambling,  shall  be  liable  to 
the  penalties  prescribed  in  this  section. 

SEC.  24.  Any  person  who  shall  play  at  any  game 
of  dice,  faro,  roulette,  keno  or  other  game  of  chance, 
resorted  to  for  gambling  or  fraudulent  purposes,  for 
property,  money  or  thing  representing  property  or 
money,  within  the  limits  of  said  city,  shall  be  liable 
to  a  fine  in  any  sum  less  than  three  hundred  dollars, 
or  to  imprisonment  not  exceeding  six  months,  or  to 
both  fine  and  imprisonment.  Whenever  any  peace 
officer  of  said  city  has  reasonable  grounds  for  believing 
that  in  any  house  or  place  in  the  city  the  business  of 
gambling  is  being  carried  on,  it  shall  be  lawful  for 
such  peace  officer  to  enter  such  house  or  place  with  or 
without  warrant,  and  such  officer  is  hereby  authorized 
to  seize  all  instruments  or  devices  there  found  used  for 
the  purposes  of  gambling,  and  to  arrest  any  person 
having  charge  of  such  house  or  place,  and  all  others 
there  found  engaged  in  playing  at  any  game  for  money 
or  other  property. 

SEC.  25.  Any  person  who  shall  be  convicted  of 
skating,  ball  playing,  hunting,  fishing  or  any  other 
kind  of  sporting,  or  who  shall  keep  open  any  bar, 
shop,  store  or  any  other  place  to  carry  on  any  kind  of 
business  or  amusement  or  unnecessary  business  or 


94  ORDINANCES. 


labor,  or  who  shall  barter,  sell  or  give  away  any 
spirituous,  vinous  or  fermented  liquors,  except  for 
medicinal  purposes,  within  the  city  limits,  on  the  first 
day  of  the  week,  commonly  called  Sunday,  shall  be 
liable  to  a  fine  in  any  sum  not  exceeding  one  hundred 
dollars. 

SEC.  26.  Any  person  profaning  the  name  of  the 
Deity  within  the  limits  of  the  city,  shall  be  liable  to  a 
fine  not  exceeding  ten  dollars,  or  to  imprisonment  not 
exceeding  five  days,  or  to  both  fine  and  imprisonment. 

SEC.  27.  Any  person  who  shall  sell,  circulate  or 
exhibit  any  obscene  print,  picture  or  figure,  or  any 
obscene  literature,  or  shall  utter  or  speak  any  obscene 
or  lewd  language,  within  the  limits  of  the  city,  shall 
be  liable  to  a  fine  in  any  sum  less  than  three  hundred 
dollars,  or  to  imprisonment  not  exceeding  six  months, 
or  to  both  such  fine  and  imprisonment  for  each  offense. 

SEC.  28.  Any  person  who  shall  be  found  guilty 
of  designedly  making  any  indecent  or  obscene  ex- 
posure of  his  or  her  person,  or  the  person  of  another, 
or  shall  indecently  exhibit  any  horse,  bull,  or  other 
animal,  or  shall  be  guilty  of  lewd  or  lascivious  con- 
duct or  prostitution,  within  the  limits  of  said  city,  shall 
be  deemed  guilty  of  misdemeanor,  and  shall  be  liable 
to  a  fine  in  any  sum  less  than  three  hundred  dollars, 
or  to  imprisonment  not  exceeding  six  months,  or  to 
both  fine  and  imprisonment  for  each  offense. 

SEC.  29.  If  any  person  shall  keep  a  house  of  ill- 
fame,  bawdy-house  or  other  disorderly  house  or  place 
resorted  to  for  illicit  sexual  commerce,  prostitution  or 
lewdness,  or  who  shall  lease  or  assist  in  leasing  any 


ORDINANCES.  95 

house  or  portion  of  a  house  for  such  purpose,  within 
the  limits  of  said  city,  he  or  she  shall  be  fined  in  any 
sum  less  than  three  hundred  dollars,  or  be  imprison- 
ed not  exceeding  six  months,  or  both.  Whenever 
any  peace  officer  of  the  city  has  reasonable  grounds 
to  believe  that  any  house  or  place  is  kept  for  the 
purpose  named  in  this  section,  it  shall  be  lawful  for 
such  officer  to  enter  such  house  or  place  with  or  with- 
out warrant,  and  to  arrest  all  offenders  therein  found, 
and  take  auch  offenders  before  the  Mayor  or  any  Alder- 
man of  the  city,  for  examination  and  trial. 

SEC.  30.  Any  person  who  shall,  within  the  limits 
of  the  city,  sell  or  give  away  any  ardent  spirits  or 
other  intoxicating  liquors  to  any  child  under  eighteen 
years  of  age,  without  the  consent  of  the  parents  or 
guardians  of  such  child,  or  to  any  apprentice,  without 
the  consent  of  his  or  her  master  or  mistress,  or  to  any 
Indian,  shall,  for  each  offense,  be  liable  to  a  fine  of 
not  more  than  one  hundred  dollars,  or  to  imprisonment 
not  exceeding  three  months,  or  to  both  fine  and  im- 
prisonment. 

SEC.  31.  Any  person  who  shall  use  any  influence, 
directly  or  indirectly,  to  induce,  persuade  or  entice 
any  female  from  her  husband,  parents  or  guardian, 
or  to  alienate  her  feelings  therefrom;  or  who  shall  use 
any  influence  to  entice  or  persuade  any  minor,  male  or 
female,  from  his  or  her  parents,  guardians  or  other 
persons  having  charge  of  the  same,  without  the  consent 
of  such  parents,  guardians  or  other  persons,  shall  be 
liable  to  a  tine  of  not  more  than  one  hundred  dollars, 
or  to  imprisonment  not  more  than  three  months,  or  to 
both  fine  and  imprisonment. 


96  ORDINANCES. 

SEC.  32.  No  person  shall,  either  directly  or  indi- 
rectly, whether  by  look,  word,  sign  or  deed,  practice 
begging  or  mendicancy  within  the  limits  of  the  city,  or 
on  any  of  the  streets,highways,  thoroughfares  or  public 
places  thereof;  nor  shall  any  person  who  is  diseased, 
maimed,  mutilated  or  in  any  way  deformed,  so  as  to 
be  an  unsightly  or  disgusting  object,  or  an  improper 
person  to  be  allowed  in  or  on  the  streets,  highways, 
throughfares  or  public  places  in  the  city,  therein  or 
thereon  expose  himself  or  herself  to  public  view. 
Any  person  violating  any  provision  of  this  section 
shall  be  liable  to  a  fine  of  not  more  than  ten  dollars, 
or  to  imprisonment  not  more  than  thirty  days,  or  to 
both  fine  and  imprisonment. 

SEC.  33.  Persons  within  the  limits  of  the  city, 
who  have  the  physical  ability  to  work,  not  having 
visible  means  of  support,  living  idly,  or  who  are  found 
loitering  about  the  streets  or  public  places,  or  lodging 
in  the  night  time  upon  the  premises  of  others,  and  not 
giving  a  satisfactory  account  of  themselves,  and  all 
common  drunkards,  shall  be  deemed  vagrants,  and  on 
conviction  shall  be  liable  for  each  offense  to  a  fine  in 
any  sum  less  than  one  hundred  dollars,  or  to  imprison- 
ment not  exceeding  ninety  days,  or  both  fine  and  im- 
prisonment. 

SEC.  34.  All  keepers  or  exhibitors  of  any  gam- 
ing table  or  device,  and  all  persons  who  travel  from 
place  to  place  for  the  purpose  of  gambling,  and  all 
persons  upon  whom  shall  be  found  any  instrument  or 
thing  used  for  the  commission  of  burglary,  or  for  pick- 
ing locks  or  pockets,  and  who  cannot  give  a  good 
account  of  the  possession  of  the  same,  every  lewd  and 
dissolute  person  who  lives  in  and  about  houses  of  ill- 


ORDINANCES.  97 

fame,  and  every  common  prostitute,  shall  be  deemed 
a  vagrant. 

SEC.  35.  It  shall  be  the  duty  of  the  Mayor  or  any 
Alderman  of  said  city  having  personal  knowledge,  or 
on  complaint  being  made  under  oath  that  any  person 
within  the  limits  of  the  city,  is  a  vagrant  of  any  one 
of  the  classes  designated  in  the  last  preceding  section, to 
cause  such  person  to  be  brought  before  him,  and  if 
upon  examination,  such  person  be  found  guilty  of 
vagrancy,  he  or  she,  for  each  offense,  shall  be  liable  to 
a  fine  in  any  sum  less  than  three  hundred  dollars,  or 
to  imprisonment  not  exceeding  six  months,  or  to  both 
fine  and  imprisonment,  and  may  be  required  to  give 
bonds  with  good  and  sufficient  sureties  in  a  penal  sum 
of  not  more  than  one  thousand  dollars,  conditioned 
that  the  said  defendant  will,  for  the  space  of  six 
months  next  ensuing  the  execution  of  said  bond,  be  of 
good  behavior,  and  in  default  thereof  he  may  be  com- 
mitted to  the  city  prison  until  such  security  is  given, 
not  exceeding  ninety  days. 

SEC.  36.  All  persons  owning  swine  are  hereby 
forbidden  to  feed  the  same  upon  meat,  blood  or  entrails 
in  a  putrid  or  decayed  state,  or  other  unwholesome 
food,  calculated  to  engender  disease  in  the  flesh  of 
such  animals,  under  the  penalty  of  not  more  than  one 
hundred  dollars  for  each  offense. 

SEC.  37.  All  fowl,  such  as  turkeys,  ducks,  geese 
and  hens  found  running  at  large  at  any  time  between 
the  first  day  of  March  and  the  first  day  of  October, 
shall  be  forfeited  to  and  be  liable  to  be  killed  by 
any  person  upon  whose  premises  they  may  be  found 
trespassing. 


98  ORDINANCES. 

SEC.  38.  Any  person  discharging  any  gun  or 
pistol  within  the  limits  of  the  city,  between  the 
hours  of  sunset  and  sunrise,  or  on  the  Sabbath  day 
(except  in  case  of  necessary  defense  of  self,  family  or 
property,  or  in  the  case  of  any  civil  officer  in  the  dis- 
charge of  his  duty),  shall  be  liable  to  a  fine  in  any 
sum  not  exceeding  twenty-five  dollars  for  every  such 
offense. 

SEC.  39.  Any  person  discharging  firearms  within 
the  city,  without  a  lawful  breastwork  for  the  protec- 
tion of  the  citizens,  or  at  any  time  other  than  as 
mentioned  in  the  next  preceding  section,  shall  be  liable 
to  a  fine  not  exceeding  ten  dollars  for  every  such 
offense. 

SEC.  40.  A  breastwork  or  battery  for  target  shoot- 
ing, to  be  deemed  lawful,  shall  be  a  wall  eighteen 
inches  thick,  six  feet  high  in  the  back,  six  feet  wide, 
with  side  wings  one  foot  thick,  each  extending  two 
feet,  increasing  fiaringly  to  the  front,  and  six  feet  high, 
of  adobies,  brick  or  mud,  or  an  equivalent  thereto  of 
any  other  material. 

SEC.  41.  The  Mayor  is  authorized  and  empowered 
to  grant  full  pardons  for  violation  of  the  ordinances  of 
the  city,  or  to  remit  so  much  of  any  fine  or  penalty  as 
belongs  to  the  city,  together  with  costs  of  prosecution, 
when  to  him  it  shall  seem  just  and  reasonable. 

SEC.  42.  It  shall  be  the  duty  of  the  Mayor  to  re- 
port quarterly  to  the  City  Council  the  number  of  fines 
remitted  and  pardons  granted. 

Approved  January  27,  1881. 


OKDINANCES.  99 


CHAPTER  XL 

RELATING  TO  THE  POLICE   DEPARTMENT. 

SEC.  1.    Duties  of  Captain  of  Police — To  report  quarterly. 
SEC.  2.    Policemen  to  take  an  oath  of  office. 
SEC.  3.    Powers. 

SEC.  4.    Register  of  arrests  and  entries,  how  made. 
SEC.  5.    Transcript  of  entries. 
SEC.  6.    Duties  of  police  in  case  of  fire. 
SEC.  7.    Police  uniforms  and  badges. 
SEC.  8.    Police  uniforms  and  badges  described. 

SEC.  9.    Prohibition  against  police  discharging  persons  from  custody. 
SEC.  10.  Police  officers  not  to  solicit  business  for  attorneys. 
SEC.  11.  Officer  must  enter  name  and  charge  at  once,  and  notify  attorney 
requested  by  prisoner. 
SEC.  12.  Penalty. 

SEC.  1.  The  Captain  of  Police  shall,  under  the 
direction  and  control  of  the  Police  Commissioners, 
have  the  direction  and.  control  of  the  police,  and  may 
in  any  case  of  breach  of  ordinance,  arrest  the  person 
or  persons  so  offending,  or  report  the  same  forthwith 
to  the  Mayor  or  any  Alderman,  and  shall  be  under  the 
direction  of  the  Mayor  in  maintaining  the  peace  and 
good  order  of  the  city.  He  shall  report  quarterly,  or 
oftener  if  required,  in  writing  to  the  City  Council,  a 
true  and  certified  account  of  the  number  of  arrests, 
and  class  of  crimes  that  have  come  within  his  knowl- 
edge, and  also  the  amount  of  service  performed  by 
each  policeman. 

SEC.  2.  Every  policeman  appointed  shall  take  an 
oath  for  the  faithful  performance  of  his  duties  as 
policeman,  and  shall  see  that  the  ordinances  of  the  city 


100  ORDINANCES. 

are  complied  with;  he  shall  also  watch  the  conduct  of 
persons  of  known  or  suspected  bad  character,  and 
shall  report  such  persons  to  the  Captain  of  Police, 
whose  duty  it  shall  be  to  report  to  the  Mayor  without 

delay. 

• 

SEC.  3.  Any  policeman  may  arrest  and  bring 
offenders  before  the  Mayor  or  Alderman,  with  or  with- 
out process,  and  shall  be  subject  to  the  orders  and  di- 
rections of  the  Captain  of  Police. 

SEC.  4.  The  Captain  of  Police  shall  provide,  and 
cause  to  be  kept,  at  the  Police  Station  in  the  City  Hall, 
a  register  of  arrests.  Upon  such  register  there  shall 
be  entered  as  soon  as  an  arrest  shall  be  reported,  a 
statement,  showing  in  a  clear  and  distinct  manner,  the 
date  and  hour  of  such  arrest,  the  name  of  the  person 
arrested,  the  name  of  the  officer  making  the  arrest,  the 
name  of  the  complaining  witness  and  his  place  of  resi- 
dence, the  offense  charged,  and  a  description  of  any 
property  found  upon  or  in  possession  of  the  person 
arrested. 

SEC.  5.  The  Captain  of  Police  shall  make  or 
cause  to  be  made  and  delivered  to  the  officiating  Al- 
derman, at  or  before  nine  o'clock  in  the  forenoon  of 
every  day,  Sundays  excepted,  a  report  of  all  the 
entries  of  arrests  made  in  the  Eegister  of  Arrests. 

SEC.  6.  In  case  of  fire,  the  Captain  of  Police 
shall  proceed  with  all  the  force  off  duty,  and  be  vigilant 
in  preserving  order  and  preventing  crime,  in  the  imme- 
diate vicinity  of  the  fire. 

SEC.  7.    The  Captain  of  Police  and  all  officers  of 


ORDINANCES.  101 

the  permanent  police  force,  shall  wear,  when  furnished 
by  the  city,  uniforms  and  badges  of  office,  upon  all 
occasions,  when  on  duty,  with  such  exceptions  on  the 
part  of  officers  performing  detective  service  as  may  be 
permitted  by  the  Captain  of  Police. 

SEC.  8.  The  full  dress  of  the  members  of  the 
police  force  shall  be  of  blue  cloth,  indigo  dyed  and 
all  wool. 

For  the  Captain. — The  dress  shall  be  a  double- 
breasted  frock  coat;  the  waist  to  extend  to  the  top  of 
the  hip  and  the  skirt  to  within  one  inch  of  the  bend  of 
the  knee;  two  rows  of  police  buttons  on  the  breast, 
eight  in  each  row,  placed  in  pairs,  the  distance  between 
each  row,  five  and  one-half  inches  at  the  top  and  three 
and  one-half  inches  at  the  bottom;  stand-up  collar,  to 
rise  no  higher  than  to  permit  the  chin  to  turn  freely 
over  it,  to  hook  in  front  at  the  bottom;  cuffs  three  and 
one-half  inches  deep,  and  to  button  with  three  small 
buttons  at  the  under  seam;  two  buttons  on  the  hips, 
one  button  on  the  bottom  of  each  skirt-pocket  welt, 
and  two  buttons  intermediate,  so  that  there  will  be  six 
buttons  on  the  back;  collars  and  cuffs  to  be  of  dark 
blue  velvet;  lining  of  the  coat  black;  the  pantaloons 
plain;  black  neck-cloth  and  white  collar;  the  vest 
single-breasted,  with  eight  buttons  placed  at  equal 
distances.  The  wreath  on  the  hat  to  enclose  the  word 
"Captain,"  in  gold. 

For  Police  Officers. — The  dress  shall  be  a  single- 
breasted  frock  coat,  with  rolling  collar,  the  waist  to 
extend  to  the  top  of  the  hip  and  the  skirt  to  within 
one  inch  of  the  bend  of  the  knee;  nine  buttons  on  the 
breast,  two  buttons  on  the  hips,  two  buttons  on  the 
bottom  of  each  pocket,  and  three  small  buttons  on 
the  under  seam  of  the  cuffs;  pantaloons  plain;  white 


102  ORDINANCES. 

shirt  collar;  black  neck-cloth;  vest  single-breasted, 
with  nine  buttons  placed  at  equal  distances. 

The  overcoat,  for  the  Captain  of  Police  and  all 
police  officers,  shall  be  of  blue  cloth,  indigo-dyed, 
double-breasted,  rolling  collar,  waist  to  extend  to  one 
inch  below  the  hip,  skirt  to  three  inches  below  the 
bend  of  the  knee,  swell  edge  stitched  one-fourth  of  an 
inch  from  the  edge.  Will  have  eight  regulation  police 
buttons  on  each  breast,  six  on  back  and  skirt  and 
three  on  the  cuffs.  Buttons  on  the  breast  shall  be 
placed  in  two  rows  at  a  distance  between  rows  of  seven 
inches  at  top  and  three  and  one-half  inches  at  bottom, 
measured  from  centres,  and  in  such  a  manner  as  to 
form,  when  the  coat  is  buttoned,  direct  lines  from  top 
to  bottom. 

Badges,  Stars,  Hats  and  Buttons. — The  Captain 
and  police  officers  shall  wear  badges,  stars,  hat^  and 
buttons,  the  same  as  the  samples  kept  on  hand  at  the 
City  Hall. 

Clubs. — Shall  be  the  same  as  the  sample  club  kept 
in  the  office  of  the  Captain  of  Police. 

SEC.  9.  Neither  the  Captain  of  Police,  nor  any 
police  officer,  shall  discharge  any  person  arrested,  from 
custody,  except  by  order  of  the  officiating  Alderman 
or  other  competent  authority. 

SEC.  10.  It  shall  be  unlawful  for  any  Captain  of 
Police,  police  officer  or  any  other  person  connected 
with  the  police  department,  to  solicit  from  any  person 
legal  business  for  himself  or  another,  or  to  recommend, 
or  suggest  to  any  person,  whether  in  legal  detention  or 
not,  that  any  particular  person  practising  law  should 
be  employed  for  the  defense  of  such  person  or  any 
other  person. 


ORDINANCES.  103 

SEC.  11.  It  shall  be  the  duty  of  every  police  offi- 
cer or  person  connected  with  the  Police  Department, 
making  the  arrest  of  any  person,  or  confining  any  per- 
son in  the  city  or  other  prison,  to  immediately  enter  or 
cause  to  be  entered  the  name  of  such  person  in  the 
Register  of  Arrests,  the  charge  upon  which  such 
person  has  been  arrested,  or  is  detained,  and  the  place 
and  time  of  such  arrest,  together  with  the  name  of  the 
officer  making  such  arrest,  or  such  detention,  which 
book  shall  be  kept  in  the  Police  Station;  and  it  shall 
be  the  duty  of  such  officer  or  person  so  making  such 
arrest  or  detention,  if  he  shall  be  requested  so  to  do  by 
the  person  so  arrested  or  detained,  to  notify  at  once 
any  attorney-at-law  designated  by  said  person,  and 
having  an  office  in  Ogden  City,  that  said  person  so  de- 
tained wants  to  see  him;  said  notification  may  be  either 
personal  or  by  notice  left  at  the  office  of  said  attorney. 
The  person  so  notified  shall  have  the  right,  and  it  shall 
be  the  duty  of  the  person  having  charge  of  the  place 
of  such  detention,  to  permit  such  person  to  confer  at 
once  with  the  person  so  detained  and  who  has  desired 
to  see  him. 

SEC.  12.  Any  officer  or  person  mentioned  in  Sec- 
tion 2  of  this  chapter,  who  violates  any  of  the  provisions 
of  this  chapter,  is  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  punished  by  a  fine  of  not 
to  exceed  one  hundred  dollars,  or  by  imprisonment 
not  to  exceed  one  hundred  days,  or  by  both  such  fine 
and  imprisonment. 

Approved  January  27,  1881. 


104  ORDINANCES. 


CHAPTER  XII. 

MODES   OF  PROCEDURE  IN  CASES    ARISING    UNDER    CITY 
ORDINANCES. 

SEC.  1.    Issue  warrant. 
SEC.  2.    Peace  officers  to  arrest. 
SEC.  3.    Any  person  may  arrest. 
SEC.  4.    Detention. 
SEC.  5.    Witnesses  limited. 
SEC.  6.    Recognizance. 
SEC.  7.    Pleading. 
SEC.  8.    Docket. 
SEC.  9.    Imprisonment  at  labor. 
SEC.  10.  Returns  of  sale. 
SEC.  11.  Challenge— Verdict. 
SEC.  12.  Threats— Penalty. 
SEC.  13.  Search  for  stolen  property. 
SEC.  14.  Search  of  person. 
SEC.  15.  Reward. 

SEC.  16.  Criminal  prosecutions  to  be  conducted  in  the  name  of  Ogden 
City. 

SEC.  1.  Whenever  a  complaint  is  made  before 
the  Mayor  or  any  Alderman  of  Ogden  City,  on  oath  or 
affirmation,  or  if  the  Mayor  or  any  Alderman  has  per- 
sonal knowledge  that  a  breach  of  the  ordinances  of 
the  city  has  been  committed,  he  shall  forthwith  issue 
a  warrant,  directed  to  the  Marshal,  commanding  him 
or  any  of  his  deputies  to  arrest  the  accused  and  bring 
him  forthwith  before  said  Mayor  or  Alderman  for  ex- 
amination or  trial. 

SEC.  2.  Any  peace  officer  of  the  city  witnessing 
any  breach  of  the  ordinances  shall  arrest  the  offender, 
or  cause  it  to  be  done,  with  or  without  process,  and 
bring  him  before  the  Mayor  or  an  Alderman,  to  be 


ORDINANCES.  105 

dealt  with  according  to  the  provisions  of  the  ordinances 
without  delay. 

SEC.  3.  Any  person  may  arrest  another  in  the 
commission  of  an  offense  against  the  ordinances  of  the 
city,  and  shall,  without  unnecessary  delay,  take  the 
offender  before  the  Mayor  or  any  Alderman,  or  deliver 
him  to  the  nearest  police  officer  of  said  city. 

SEC.  4.  When  any  person  shall  be  brought  before 
the  Mayor  or  any  Alderman,  charged  with  the  commis- 
sion of  an  offense,  such  person  shall  be  examined  or 
tried  without  unnecessary  delay :  Provided,  that 
when  necessary  such  person  may  be  detained  in  the 
city  prison  not  to  exceed  forty-eight  hours  before  trial. 

SEC.  5.  The  court  shall  issue  subpoenas,  directed 
to  the  proper  officer,  for  the  witnesses,  if  required,  and 
shall  forthwith  proceed  to  hear  the  evidence,  and  de- 
termine upon  the  complaint  alleged  :  Provided,  that 
neither  party  shall  have  more  than  three  witnesses  to 
prove  any  one  fact,  except  at  his  own  expense,  and 
that  complaint  in  writing  shall  not  be  necessary,  unless 
demanded  by  the  defense. 

SEC.  6.  Upon  good  cause  being  shown,  the  court 
may  postpone  the  trial,  and  shall  require  the  defend- 
ant to  enter  into  recognizance  with  sufficient  security, 
to  appear  at  such  time  as  the  court  may  determine, 
to  answer  the  complaint  made  againt  him.  If  he  fail 
to  give  such  security,  he  shall  be  held  in  custody,  or 
be  committed  to  prison  until  the  time  of  trial. 

SEC.  7.  The  defendant  on  being  brought  before  the 
court,  shall  be  informed  of  the  charge  preferred  against 


106  ORDINANCES. 

him,  or  the  complaint  when  made  in  writing  shall  be 
read  and  he  shall  be  inquired  of,  whether  guilty  or  not 
guilty.  If  he  plead  guilty  the  court  may  inquire  into 
the  extent  of  guilt  and  render  judgment ;  if  he  plead  not 
guilty,  or  refuse  to  answer,  the  evidence  on  the  part  of 
the  prosecution  shall  be  heard,  then  that  of  the  de- 
fense ;  after  which,  if  either  party  can  satisfy  the  court, 
that  important  evidence  which  he  can  procure  is  still 
wanting,  reasonable  time  may  be  granted  to  procure 
such  evidence.  When  all  the  evidence  is  heard,  the 
prosecution  and  defense  may  make  such  remarks  as 
shall  be  deemed  proper,  and  the  court  shall  render 
judgment  as  soon  as  practicable. 

SEC.  8.  The  court  shall  keep  a  docket  book,  in 
which  shall  be  entered  the  title  and  the  nature  of  the 
complaint,  the  names  of  the  witnesses  who  testified  in 
the  case,  the  proceedings  thereon  and  the  judgment  of 
the  court. 

SEC.  9.  If  the  defendant  fails  to  pay  the  fine  and 
costs  awarded  in  the  judgment  against  him,  the  court 
shall  issue  an  execution  against  the  defendant,  com- 
mitting him  to  imprisonment  either  with  or  without 
labor,  and  with  or  without  a  ball  and  chain  attached  to 
his  person :  Provided,  that  property  may  be  de- 
livered to,  or  the  same  may  be  taken  by  the  officer,  in 
sufficient  quantity  to  satisfy  said  execution,  which 
shall  be  disposed  of  as  hereinafter  directed. 

SEC.  10.  When  property  is  delivered  or  taken  to 
satisfy  a  judgment,  the  Marshal  shall  give  not  less 
than  five  days'  public  notice  of  the  time  and  place  of 
sale,  and  description  of  the  kind  of  property  to  be 
sold,  allowing  ten  days  from  the  levy  of  execution  to 


ORDINANCES.  107 

the  day  of  sale,  unless  the  interests  of  the  defendant 
shall  require  a  shorter  time,  and  shall  sell  the  same, 
or  as  much  thereof  as  may  be  necessary,  and  make 
returns  within  five  days  from  the  day  of  sale,  and  pay 
over  to  the  court  the  proceeds  arising  therefrom,  and 
the  excess,  if  any,  shall  be  paid  over  to  the  defendant; 
and  all  fines  collected  by  the  Mayor  or  Alderman  shall 
be  paid  into  the  City  Treasury,  monthly,  or  oftener  if 
required. 

SEC.  11.  If  required  by  either  party,  the  court 
shall  issue  a  venire,  requiring  the  Marshal,  or  his 
deputy,  to  summon  six  competent  persons,  or  a  less 
number  if  agreed  upon  by  the  parties,  to  serve  as  ju- 
rors, who  may  be  objected  to  for  cause:  Provided, 
that  either  party  shall  be  entitled  to  three  peremptory 
challenges.  If  any  are  removed,  their  places  shall  be 
filled  ;  and  when  the  number  is  complete,  they  shall  be 
sworn  to  give  a  just  verdict,  according  to  the  evidence, 
and  to  have  no  communication  with  any  person  but 
the  court  personally,  or  through  the  officer,  or  with  a 
fellow  juror,  in  reference  to  the  case  before  them,  un- 
til they  have  agreed  upon  a  verdict,  or  been  discharg- 
ed. The  court  may  direct  the  jury  to  bring  in  a  sealed 
verdict  in  case  of  an  agreement  during  recess. 

SEC.  12.  Upon  complaint  being  made  in  writing 
and  under  oath,  before  the  Mayor  or  any  Alderman 
that  any  person  has  threatened  to  commit  an  offense 
against  the  person  or  property  of  another,  said  Mayor 
or  Alderman  may  issue  a  warrant  reciting  the  sub- 
stance of  the  complaint,  commanding  the  Marshal  or 
any  of  his  deputies  forthwith  to  bring  the  person  so 
charged  before  him  to  answer  said  complaint,  and  if, 
on  examination,  the  court  is  satisfied  from  the  testi- 


108  ORDINANCES. 

mony  that  there  are  sufficient  grounds  to  fear  that  such 
an  offense  will  be  committed  by  the  person  complained 
of,  he  shall  require  the  offender  to  enter  into  recogniz- 
anee  in  any  sum  less  than  three  hundred  dollars  to 
keep  the  peace  towards  the  people  of  said  city,  and 
particularly  towards  the  complainant,  for  a  term  not 
exceeding  six  months.  If  the  offender  fail  to  give 
bonds  with  securities  when  required,  he  may  be  im- 
prisoned until  he  give  such  bonds,  not,  however,  ex- 
ceeding sixty  days,  and  for  a  violation  of  said  bond  a 
judgment  may  be  rendered  for  the  penalty  thereof,  by 
the  officer  who  may  have  tue  warrant  or  to  whom  it 
may  have  been  returned. 

SEC.  13.  Whenever  a  complaint  shall  be  made 
before  the  Mayor,  or  any  Alderman,  in  writing  and 
under  oath,  of  property  being  stolen  or  embezzled, 
and  the  person  making  the  complaint  believes  such 
property  to  be  concealed  in  any  house,  or  place  (de- 
scribing the  property  and  place)  within  the  limits  of 
the  city,  and  the  Mayor  or  Alderman  is  satisfied  that 
there  is  reasonable  ground  for  such  belief,  he  shall 
issue  a  warrant  commanding  the  Marshal  or  any  of  his 
deputies  to  search  diligently  the  house  or  place  where 
such  property  is  believed  to  be  secreted,  and  said  Mar- 
shal shall  make  returns  without  delay  ;  and  all  proper- 
ty recovered  under  such  process  shall  be  subject  to  the 
order  of  the  court. 

SEC.  14.  Persons  taken  into  custody  charged  with 
larceny,  shall  be  liable  to  be  searched  by  the  officer 
making  the  arrest,  for  money  or  other  property  de- 
scribed in  the  complaint,  and  if  found  the  same  may 
be  taken  and  held  subject  to  the  order  of  the  court, 
and  persons  arrested  for  an  offense  may  be  disarmed. 


ORDINANCES.  109 

SEC.  15.  The  Mayor  is  authorized  to  issue  his  pro- 
clamation offering  a  reward  of  such  an  amount  as  he, 
in  his  discretion,  may  deem  proper  for  the  arrest  and 
delivery  to  the  proper  officer,  of  any  person  who  may 
be  charged  with  crime  committed  within  the  city, 
whenever  he  shall  have  knowledge  of  such  occurence 
or  receive  information  in  relation  thereto  from  any  re- 
sponsible person  or  persons. 

SEC.  16.  All  criminal  prosecutions  arising  under 
the  ordinances  of  the  city,  must  be  commenced  and 
carried  on  in  the  name  of  Ogden  City. 

Approved  January  27,  1881. 


CHAPTER  XIII. 

FIRE  DEPARTMENT. 

SEC.  1.    Formation  of  Engine  Co.  No.  1  authorized— Duties  of  Members. 
SEC.  2.    Hook  and  Ladder  Co.  No.  1  authorized— Duties. 
SEC.  3.    Rules  and  duties. 
SEC.  4.    Officers  to  be  sworn. 
SEC.  5.    Chief  Engineer,  when  appointed. 
SEC.  6.    Duties  of  Chief  Engineer. 
SEC.  7.    Chief  Engineer  to  report  quarterly. 
SEC.  8.    To  examine  buildings,  etc. 
SEC.  9.    Licensed  expressmen  required  to  assist. 

SEC.  10.  Persons   offering  hindrance  to  officers,  or  injuring  engines  or 
apparatus— Penalty. 

SEC.  11.  Officers  to  have  power  of  policemen. 

SEC.  12.  Companies  to  determine  their  own  uniform. 

SEC.  13.  Signals. 

SEC.  14.  Night  watch. 

SEC.  15.  Compensation. 

SEC.  1    There  is  authorized  the  formation  of  a  Fire 
Department  in  Ogden  City,  the  first  company  of  which 


110  OKDINANCES. 

shall  be  known  by  the  name  of  "Engine  Company  No. 
1,"  and  shall  be  composed  of  thirty-two  able-bodied 
men,  residents  of  said  city,  viz.:  Chief  Engineer,  Fore- 
man, Secretary,  Treasurer,  Steward,  and  twenty-five 
members,  whose  duty  it  shall  be  to  keep  their  engine 
and  implements  in  good  order  and  ready  for  use  and 
drill,  and,  on  the  alarm  of  fire,  they  are  hereby  required 
to  leave  all  other  business  and  repair  to  the  engine 
house,  with  all  possible  speed,  and  remove  their  engine 
to  the  place  of  fire,  and  operate  for  the  extinguish- 
ment of  said  fire,  under  the  direction  of  the  Chief 
Engineer,  or  his  assistant. 

SEC.  2.  There  may  be  organized  in  said  city,  a 
hook  and  ladder  company,  to  be  known  by  the  name 
of  "Hook  and  Ladder  Company,  No.  1,"  which  shall 
be  composed  of  twenty  able-bodied  men,  residents  of 
said  city,  viz.:  A  Foreman,  Assistant  Foremen,  Sec- 
retary, Treasurer,  and  fifteen  members,  .whose  duty  it 
shall  be  to  keep  their  implements  in  good  order  and 
ready  for  use,  and  on  the  alarm  of  fire  they  are  hereby 
required  to  remove  their  implements  to  the  place  of 
fire,  and  do  duty  under  the  directions  of  the  Chief 
Engineer,  or  his  assistant. 

SEC.  3.  The  Chief  Engineer  may,  when  required 
by  the  City  Council,  enlist  men  to  compose  thef  com- 
panies hereinbefore  provided  for,  who  shall  proceed 
to  elect  their  officers  by  ballot,  from  their  own  number, 
under  his  direction,  and  they  shall  adopt  such  rules 
and  regulations  as  may  be  deemed  necessary.  All 
vacancies  that  may  occur  from  death,  resignation,  re- 
moval or  otherwise  in  said  companies,  shall  be  filled 
by  a  majority  vote  of  the  officers  and  members  present 
at  any  regular  meeting. 


OEDINANCES.  Ill 

SEC.  4.  The  Chief  Engineer  and  all  officers  of  said 
companies,  before  entering  upon  the  duties  of  their 
respective  offices,  shall  be  sworn  before  the  City  Recor- 
der, faithfully  to  perform  the  duties  thereof. 

SEC.  5.  As  soon  as  practicable  after  the  organiza- 
tion of  the  City  Council  in  February,  biennially,  there 
shall  be  appointed  by  said  Council  a  Chief  Engineer 
of  the  Fire  Department  of  this  city,  who  shall  hold 
office  during  the  pleasure  of  the  Council. 

SEC.  6.  It  shall  be  the  duty  of  the  Chief  Engineer, 
in  all  cases  of  fire,  to  take  and  have  control  of  all 
members  of  the  Fire  Department,  and  of  all  persons 
present  at  such  fires;  and  he  shall  take  all  proper 
measures  for  the  extinguishment  of  fires,  the  protection 
of  property,  and  the  preservation  of  order  at  and  in 
the  vicinity  of  fires,  and  to  secure  the  observance  of  all 
ordinances  and  regulations  respecting  fires.  After  the 
engines  have  been  withdrawn  from  any  fire,  he  shall 
still  have  charge  of  the  premises,  and  shall  cause  strict 
watch  to  be  kept  about  the  fire  for  the  space  of  twenty- 
four  hours,  or  until  the  fire  shall  have  been  entirely 
extinguished. 

SEC.  7.  It  shall  be  the  duty  of  the  Chief  Engineer 
to  report  to  the  Mayor  and  City  Council  quarterly,  and 
oftener  if  required,  the  condition  of  the  fire  engines, 
fire  alarms,  and  all  other  fire  apparatus  belonging  to 
the  city,  also  to  recommend  such  additions  to,  and 
alterations  and  improvements  of  the  same,  as  he  may 
deem  expedient.  He  sliall  at  all  times  be  subject  to 
the  control  and  direction  of  the  Mayor  and  City  Coun- 
cil. 


112  OKDINANCES. 

SEC.  8.  The  Chief  Engineer  shall  examine  every 
building  or  house  within  the  fire  limits  and  outside  of 
said  limits  when  he  may  deem  it  necessary,  once  in 
each  year,  and  for  the  purpose  of  ascertaining  all  or  any 
violations  of  any  ordinance  or  regulation  in  force  in  re- 
lation to  the  prevention  of  fires;  he  shall  also  examine 
all  hearths,  chimneys,  stoves,  pipes,  and  all  chemical 
apparatus  which  in  his  opinion  may  be  dangerous  in 
causing  or  promoting  fires;  he  shall  also  examine  any 
and  all  buildings  or  other  places  where  gunpowder, 
hemp,  flax,  tow,  hay,  straw  or  other  combustible  ma- 
terials may  be  deposited,  and  may  give  such  directions 
as  he  may  deem  necessary  in  each  case  relative  to  the 
removal  of  such  material  or  the  correction  and  remedy 
of  any  defect  therein.  In  case  of  the  neglect  or  refu- 
sal of  any  owner  or  occupant  to  comply  with  the 
directions  so  given,  the  Chief  Engineer  may  proceed  to 
carry  out  the  orders  or  cause  the  same  to  be  done,  and 
the  expense  thereof  shall  be  paid  by  the  person  so  fail- 
ing or  refusing  to  comply;  and  such  person  shall  also 
be  deemed  guilt}7  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  fined  in  any  sum  not  exceeding 
fifty  dollars. 

SEC.  9.  It  shall  be  lawful  upon  any  alarm  of  fire, 
for  the  Engineer  or  Foreman  of  any  fire  company,  the 
Mayor,  or  the  City  Marshal,  to  require  the  aid  of  any 
licensed  expressman,  with  his  team,  or  the  aid  of  any 
citizen  or  by-stander,  in  drawing  any  fire  engine  or  fire 
apparatus  to  the  fire;  and  every  person  so  called  upon 
who  shall  knowingly  refuse  or  neglect  to  obey  the  law- 
ful orders  of  any  such  officer,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall 
forfeit  and  pay  a  fine  of  five  dollars'  for  every  such 
offense. 


OKDINANCES.  113 

SEC.  10.  Any  person  who  shall  wilfully  offer  any 
hindrance  to  any  officer  or  fireman  in  the  performance 
of  his  duty  at  a  fire,  or  while  going  to  the  same,  or 
shall  in  any  manner  wilfully  injure  any  fire  engine  or 
fire  apparatus,  or  shall  give  any  false  alarm  of  fire,  or 
shall  drive  any  vehicle  over  any  hose  or  fire  apparatus 
belonging  to  Ogden  City,  or  to  any  fire  company  ex- 
isting in  the  city,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined 
not  to  exceed  one  hundred  dollars  for  every  such  of- 
fense, and  in  addition  thereto  may  be  imprisoned  not  to 
exceed  thirty  days. 

SEC.  1 1.  All  officers  of  the  Fire  Department  and 
of  fire  companies  in  this  city  shall,  at  and  during  all 
fires,  have  all  the  powers  of  policemen,  and  any  per- 
son who  shall  resist  any  such  officer  in  the  lawful  dis- 
charge of  his  duty  at  such  times,  shall  be  subject  to 
the  same  penalty  as  for  resisting  policemen. 

SEC.  12.  The  several  companies  may  determine 
their  respective  uniforms,  and  shall  wear  such  insignia 
to  be  furnished  by  the  city  as  the  Mayor  and  Council 
may  from  time  to  time  direct,  and  no  person  other  than 
an  active  fireman  shall  be  permitted  to  wear  such 
insignia  at  any  fire. 

SEC.  13.  In  case  of  fire,  the  signal  shall  be  two 
strokes  of  the  fire  bell  for  north,  three  for  south,  four 
for  east,  and  five  for  west  of  said  bell. 

SEC.  14.  The  names  and  places  of  residence  of 
the  engineers,  officers  and  members  of  each  company 
shall  be  posted  up  in  the  police  station  by  the  secre- 
tary of  the  company.  Whenever  any  fire  shall  happen 


114  ORDINANCES. 

in  the  night,  the  policeman  on  duty  at  the  City  Hall 
shall  ring  the  alarm,  and  the  police  night  watch  shall 
give  notice  to  the  engineers,  officers  or  firemen  nearest 
the  engine  house,  and  alarm  the  citizens  by  the  cry  of 
fire,  mentioning  the  street  where  the  fire  may  be  found. 

SEC.  15.  All  officers,  and  members  of  companies 
of  the  Fire  Department  shall  receive  such  compensa- 
tion as  the  City  Council  may  from  time  to  time 
determine. 


CHAPTER  XIV. 

RELATING  TO  FIRE  LIMITS   AND  THE  PREVENTION 
OF  FIRES. 

SEC.  1.    Fire  limits  defined. 

SEC.  2.    Kinds  of  building  materials  to  be  used. 

SEC.  3.    Chimneys — Stove  pipes  condemned. 

SEC.  4.    Size  of  chimneys. 

SEC.  5.    No  pipe  near  woodwork. 

SEC.  6.    Forge  and  furnace  chimneys. 

SEC.  7.    Chimneys  to  be  cleaned,  how. 

SEC.  8.    Removal  of  frame  buildings. 

SEC.  9.    Combustible  materials— Stables— Lights. 

SEC.  10.  Smoking  meat,  boiling  tar,  etc. 

SEC.  11.  Penalties. 

SEC.  1.  All  of  block  twenty-five  (25),  the  west 
half  (£)  of  block  twenty- six  (26),  the  northeast 
quarter  (I)  of  block  seventeen  (17),  the  north  half  (£) 
of  block  eighteen  (18),  the  northeast  quarter  (i)  of 
block  nineteen  (19),  the  east  half  (I)  of  block  twenty- 
four  (24),  the  southeast  quarter  (})  of  block  thirty- 


ORDINANCES.  115 

three  (33),  the  south  half  (J)  of  block  thirty-two  (32), 
and  the  southwest  quarter  (i)  of  block  thirty-one  (31), 
of  Plat  A,  Ogden  City  survey,  are  hereby  established 
as  fire  limits. 

SEC.  2.  It  shall  be  unlawful  within  said  limits  to 
erect  any  building,  the  outer  walls  of  which  are,  in 
whole  or  in  part,  constructed  of  wood,  except  so  much 
as  may  be  necessary  for  door  and  window  frames,  cor- 
nice, doors,  sash  and  shutters;  and  the  roofs  of  all 
buildings  hereafter  erected  or  newly  roofed,  within  said 
limits,  shall  be  covered  with  metal  or  other  incombus- 
tible material;  and  each  building  shall  be  separated 
from  all  others  by  a  party  wall  of  brick,  rock,  con- 
crete or  other  incombustible  material,  not  less  than 
nine  inches  thick  from  front  to  rear,  arid  from  the 
foundation  to  no  less  than  two  feet  above  the  roof,  so 
as  to  separate  any  communication  of  wood  between 
said  building  and  any  other  building. 

SEC.  3.  All  buildings  now  erected,  or  which  may 
hereafter  be  erected  or  altered  within  the  above  des- 
cribed limits,  shall  have  chimneys  of  either  brick, 
adobies  or  stone  attached  to  them;  and  the  owner  or 
owners,  or  the  person  or  persons  having  control  of  any 
building  or  buildings  now  erected  within  said  limits, 
which  have  stovepipes  proj  ecting  through  the  roof,  or 
out  of  the  side,  and  wherein  iire  is  used,  are  hereby 
required  to  build  flues  or  chimneys  of  brick,  adobies 
or  stone  in  said  building  or  buildings;  and  all  stove- 
pipes now  in  use  projecting  through  the  roof,  or  out  of 
the  side  of  any  building,  shall  be  removed  by  the 
owner  or  owners,  or  the  person  or  persons  having  con- 
trol thereof:  Provided,  that  whenever  chimneys  of 
brick,  adobies  or  stone  are  used  or  attached  to  build- 


116  ORDINANCES. 

ings,  the  same  shall  be  carried  up  at  least  four  feet 
above  the  extreme  height  of  the  building  to  which 
they  are  attached;  and  should  such  chimneys  be  deemed 
by  the  Inspector  of  Buildings,  unsafe  to  the  building 
or  buildings  adjoining,  they  shall  be  carried  up  at  least 
four  feet  above  the  extreme  height  of  said  building  or 
buildings  adjoining.  All  chimneys  in  frame  buildings 
shall  be  built  so  as  not  to  increase  in  size  from  the 
foundation.  When  flues  are  built  in  brick,  adobie  or 
rock  walls,  the  same  shall  be  carried  up  at  least  two 
feet  above  the  top  of  the  fire  wall,  and  be  subject  to 
the  same  rule  as  the  chimneys,  and  no  flue  or  chimney 
shall  have  any  joist  or  timber  resting  on  or  entering 
into  the  same,  further  than  will  leave  at  least  six: 
inches  between  the  end  thereof  and  the  inside  of  the 
chimney  or  flue.  Every  chimney  or  flue  shall  be 
plastered  on  the  inside  with  good  plastering  mortar,  or 
the  joists  shall  be  struck  smooth  on  the  inside. 

SEC.  4.  No  chimney  or  flue  shall,  in  any  case,  be 
less  than  eight  by  eight  inches,  and  if  intended  for 
two  full  stories,  not  less  than  eight  by  twelve  inches, 
and  for  three  stories  or  more,  not  less  than  eight  by 
sixteen  inches. 

SEC.  5.  No  stove  or  other  apparatus  in  which  fire 
is  to  be  kept  shall  be  set  nearer  than  eight  inches  to 
the  floor,  except  such  as  have  no  fireplace  on  the  lower 
plate;  such  can  be  set  within  four  inches  of  the  floor 
on  which  they  stand;  and  the  top  and  side  plates  there- 
of shall  not  be  set  less  than  twelve  inches  from  any 
wood  partition,  or  other  wood- work,  without  protect- 
ing the  same  effectually  from  fire,  by  a  metallic  or 
other  covering;  and  no  pipe  belonging  thereto  shall 
be  put  up,  unless  it  shall  be  conducted  into  a  chimney 


ORDINANCES.  117 

made  of  brick,  adobie,  stone  or  other  incombustible 
material. 

SEC.  6.  All  forge  and  furnace  chimneys  or  flues 
shall  be  raised  at  least  four  feet  above  the  roof,  by  or 
through  which  they  pass,  and  shall  have  a  deadening 
flue,  or  fire  spark  arrester  of  woven  wire  placed  on  the 
top  or  within  such  chimney. 

SEC.  7.  The  owner  of  any  house,  shop  or  build- 
ing shall  cause  the  chimneys  or  flues  thereof  to  be 
swept  out  as  often  as  may  be  necessary  to  keep  them 
clean.  Any  person  failing  to  do  so  shall  be  liable  to 
a  fine  in  any  sum  less  than  one  hundred  dollars. 

SEC.  8.  No  lumber  or  frame  building  within  the 
fire  limits  shall  be  removed  to  any  other  part  of  said 
limits.  Whenever  it  may  become  necessary  to  remove 
any  wooden  building  from  within  the  fire  limits  to  any 
other  part  of  the  city,  permission  shall  be  obtained 
from  the  City  Council;  and  the  owner  of  such  build- 
ing shall  leave  the  streets  over  which  such  building 
shall  be  moved  in  as  good  order  as  they  were  before 
such  removal,  and  he  shall  make  such  removal  con- 
tinuous, day  by  day,  Sundays  excepted,  until  com- 
pleted, with  the  least  possible  obstruction  to  the 
thoroughfares  thus  occupied;  and  he  shall  keep  a 
watchman  in  or  around  such  building  from  sundown 
to  sunrise  continuously  during  the  time  of  such  re- 
moval; and  the  said  removal  shall  be  subject  to  the 
control  and  direction  of  the  Street  Supervisor. 

SEC.  9.  No  person  shall,  within  said  fire  limits, 
keep  any  hay,  straw,  shavings  or  other  like  combusti- 
ble material,  in  stack  or  pile,  without  having  the  same 


118  ORDINANCES. 

enclosed,  so  as  to  protect  it  from  flying  sparks  of  tire; 
and  no  owner  or  occupant  of  a  livery  or  other  stable, 
or  any  other  person,  shall  use  therein  or  in  any  other 
place  containing  hay,  straw  or  other  combustible  mat- 
ter, any  lighted  candle  or  other  light,  except  the  same 
be  enclosed  in  a  lantern  or  other  suitable  covering  to 
protect  the  same. 

SEC.  10.  It  shall  be  unlawful,  within  said  fire 
limits,  to  smoke  meat,  or  boil  pitch,  tar,  resin,  turpen- 
tine, varnish  or  other  highly  inflammable  material,  in 
any  room  or  place,  except  the  same  be  fireproof;  or  to 
kindle  a  fire  either  in  or  out  of  a  stove  or  furnace,  ex- 
cept the  same  be  enclosed  in  a  building. 

SEC.  11.  Whoever  shall,  in  person  or  by  another, 
erect  any  building  or  become  the  owner  of  any  build- 
ing which  may  be  erected  within  said  fire  limits,  ex- 
cept in  the  case  of  privileges,  in  violation  of  Sec.  2  of 
this  ordinance,  shall  be  liable  to  a  fine  in  any  sum  less 
than  one  hundred  dollars;  and  if  he  shall  permit  the 
same  to  remain  after  having  had  ten  days'  notice  to  re- 
move it,  he  shall  be  liable  to  a  fine  of  twenty-five  dol- 
lars for  each  day  the  same  remains,  and  for  the  viola- 
tion of  any  provision  of  this  Ordinance,  not  herein- 
before provided  for,  the  penalty  shall  be  a  fine  in  any 
sum  not  exceeding  one  hundred  dollars  for  each  offense. 

Approved  October  1,  1880. 


ORDINANCES.  119 


CHAPTER  XV. 

ARTICLE  I. — Manner  of  Obtaining  Licenses. 

SEC.  1.    Unlawful  to  engage  in  businesses  mentioned  in  this  chapter 
without  licenses. 

SEC.  2.    How  to  obtain  licenses. 

SEC.  1.  It  shall  not  be  lawful  within  the  limits  of 
Ogden  City  for  any  person  to  engage  in  any  business 
hereinafter  mentioned,  without  first  obtaining  a  license 
therefor. 

SEC.  2.  All  applications  for  license,  under  the 
provisions  of  this  chapter,  shall  be  made  in  writing  to 
the  Mayor,  and  shall  state  the  time  when  such  business 
shall  commence,  the  place  where  to  be  carried  on,  and 
the  amount  of  capital  invested  in  such  business,  and 
the  amount,  as  hereinafter  provided,  shall  be  paid  in 
advance  to  the  City  Treasurer.  All  licenses  shall  be 
issued  and  signed  by  the  Mayor,  or  presiding  officer  of 
the  City  Council,  and  attested  by  the  City  Recorder 
under  the  seal  of  the  city.  The  City  Recorder  shall 
keep  an  alphabetical  list  of  all  licenses  issued,  stating 
the  number,  name,  time,  place  and  kind  of  business, 
and  the  amount  paid,  with  such  remarks  as  may  be 
necessary. 


120  ORDINANCES. 

ARTICLE  II.— Merchants. 

SEC.  1.  Merchants  defined. 

SEC.  2.  Value  of  goods. 

SEC.  3.  Statements  to  be  filed. 

SEC.  4.  Restriction. 

SEC!.  Whosoever  shall  engage  in  the  business 
of  buying  or  selling  goods,  wares  or  merchandise  of 
any  kind,  at  any  place  within  the  limits  of  Ogden 
City,  is  declared  to  be  a  merchant. 

SEC.  2.  Each  merchant,  on  making  application 
to  the  Mayor  for  license,  shall  make  a  statement  of 
the  average  annual  cash  value  of  all  goods,  wares  and 
other  merchandise  which  he  may  have  in  his  posses- 
sion, whether  owned  by  him  or  consigned  to  him  for 
sale  during  such  period,  which  statement  shall  be 
sworn  to  before  the  Mayor  or  the  City  Recorder,  by 
the  merchant  making  it,  or  his  duly  authorized  agent. 

SEC.  3.  The  Recorder  shall  file  all  such  state- 
ments in  alphabetical  order,  and  yearly,  half-yearly 
or  quarterly  licenses  may  be  issued  thereon,  as  fol- 
lows, viz. : 

Over  $250,000  and  not  exceeding  $300,000  shall 
constitute  1st  class,  and  pay  at  the  rate  of  $900.00  per 
annum. 

Over  $200,000  and  not  exceeding  $250,000  shall 
constitute  2nd  class,  and  pay  at  the  rate  of  $800.00  per 
annum . 

Over  $150,000  and  not  exceeding  $200,000,  shall 
constitute  3rd  class,  and  pay  at  the  rate  of  $700.00  per 
annum. 

Over  $100,000  and  not  exceeding  $150,000  shall 
constitute  4th  class,  and  pay  thereon  $460.00. 


ORDINANCES.  121 

Over  $75,000  and  not  exceeding  $100,000  shall 
constitute  5th  class,  and  pay  $300.00. 

Over  $50,000  and  not  exceeding  $75,000  shall  con- 
stitute 6th  class,  and  pay  $240.00. 

Over  $40,000  and  not  exceeding  $50,000  shall  con- 
stitute 7th  class,  and  pay-  $160.00. 

Over  $35,000  and  not  exceeding  $40,000  shall  con- 
stitute 8th  class,  and  pay  $120.00. 

Over  $30,000  and  not  exceeding  $35,000  shall  con- 
stitute 9th  class,  and  pay  $108.00. 

Over  $25,000  and  not  exceeding  $30,000  shall  con- 
stitute 10th  class,  and  pay  $88.00. 

Over  $20,000  and  not  exceeding  $25,000  shall  con- 
stitute llth  class,  and  pay  $80.00. 

Over  $15,000  and  not  exceeding  $20,000  shall  con- 
stitute 12th  class,  and  pay  $60.00. 

Over  $10,000  and  not  exceeding  $15,000  shall  con- 
stitute 13th  class,  and  pay  $40.00. 

Over  $8,000'and  not  exceeding  $10,000  shall  con- 
stitute 14th  class,  and  pay  $32.00. 

Over  $6,000  and  not  exceeding  $8,000  shall  consti- 
tute 15th  class,  and  pay  $24.00. 

Over  $4,000  and  not  exceeding  $6.000  shall  consti- 
tute 16th  class,  and  pay  $20.00. 

Under  $4.000  shall  constitute  17th  class,  and  pay 
$12.00. 

SEC.  4.  The  provisions  of  this  article  shall  not  be 
construed  to  authorize  any  person  to  sell  spirituous, 
vinous  or  fermented  liquors. 


122  OBDINAN(JKS. 


ARTICLE  III.— Hotel  Ktsp&rs. 


SEC.  1.    Hotel  or  tavern-keepers  defined. 
SEC.  2.    Number  of  rooms, 
SEC.  3.    Statements  to  be  filed. 


SEC.  1.  Whoever  shall  keep  any  public  house 
with  lodging  rooms  and  dining  hall  for  the  accommoda- 
tion of  guests  within  Ogden  City,  is  declared  to  be  a 
tavern  or  hotel-keeper. 

SEC.  2.  Each  tavern  or  hotel-keeper,  on  making 
application  to  the  Mayor  for  license,  shall  make  a 
statement  of  the  number  of  rooms  of  all  kinds  his. 
house  contains,  which  statement  shall  be  sworn  to  be- 
fore the  Mayor  or  the  City  Recorder,  by  the  tavern  or 
hotel-keeper,  or  his  duly  authorized  agent. 

SEC.  3.  The  Recorder  shall  file  all  such  state- 
ments in  alphabetical  order,  and  yearly  licenses  may 
be  issued  therefrom,  at  the  following  rates  per 
annum,  viz:. 

Over  100  rooms  with  dining  hall  shall  constitute 
1st  class,  and  shall  pay  $120.00. 

Over  75  to  100  rooms  shall  constitute  2nd  class, 
and  pay  $100. 

Over  50  to  75  rooms  shall  constitute  3rd  class,  and 
shall  pay  $80.00. 

Over  25  to  50  rooms  shall  constitute  4th  class,  and 
shall  pay  $50.00. 

Twenty- five  rooms  and  under  shall  constitute  5th 
class,  and  shall  pay  $25.00. 

Provided,  licenses  may  be  granted  for  lodging 
rooms  exclusively  at  half  the  foregoing  rates. 


ORDINANCES. 


ARTICLE  IV.—  Banks,  Bankers,  Brokers  and  Ex- 
cJiange  Dealers. 

SEC.  1.    Checks,  etc. 

SEC.  2.    Amount  of  capital. 

SEC.  1.  No  person,  corporation,  association  or 
firm  shall  carry  on  the  business  of  dealing  in,  biiying 
or  selling,  or  discounting  any  kind  of  bills  of  ex- 
change, checks,  drafts,  bank  notes,  promissory  notes, 
bonds  or  other  kinds  of  writings  obligatory;  or  in  gold, 
silver  or  bullion,  within  Ogden  City,  without  first  ob- 
taining a  license  under  the  provisions  of  this  article. 

SEC.  2.  Each  banker,  broker  or  exchange  dealer, 
on  making  application  for  license,  shall  make  a  state- 
ment under  oath,  sworn  to  before  the  Mayor  or  City 
Recorder,  of  the  amount  of  capital  to  be  employed; 
such  statements  shall  be  filed  in  alphabetical  order,  and 
yearly,  half-yearly  or  quarterly  licenses  may  be  issued 
thereon,  as  follows,  viz.: 

With  capital  of  $100,000  and  not  less  than  $200>- 
000,  $75  per  quarter. 

With  capital  of  less  than  $100,000  and  over 
$50,000,  $40  per  quarter. 

With  capital  of  less  than  $50,000  and  over  $25,000 
$25  per  quarter. 

With  capital  of  $25,000  or  less,  $15  per  quarter. 


124  ORDINANCES. 


ARTICLE  V.— Restaurants. 

SEC.  1.    Defined. 

SEC.  2.    Applicant  to  make  statement. 

SEC.  3.    Statement  to  be  filed;  rates. 

SEC.  1.  Whoever  shall  keep  any  house  or  place 
for  furnishing  meals  without  lodging  within  Ogden 
City,  is  declared  to  be  a  restaurant  keeper. 

SEC.  2.  Each  restaurant  keeper,  on  making  appli- 
cation to  the  Mayor  for  license,  shall  make  a  statement 
of  the  greatest  number  of  persons  he  can  furnish  with 
meals  at  one  time,  which  statement  shall  be  sworn  to, 
before  the  Mayor  or  City  Recorder,  by  the  restaurant 
keeper  or  his  duly  authorized  agent. 

SEC.  3.  The  City  Recorder  shall  file  all  such  state- 
ments, and  yearly  licenses  may  be  issued  thereon  as 
follows,  viz.: 

For  all  restaurants  able  to  accommodate  twenty- 
four  to  thirty-six  guests  at  one  time,  $30. 

For  all  restaurants  able  to  accommodate  sixteen  to 
twenty- four  guests  at  one  time,  $20. 

For  all  restaurants  able  to  accommodate  less  than 
sixteen  at  one  time,  $12. 


ARTICLE  VI.—Liwry  and  Feed  Stable  Keepers. 

SEC.  1.  Livery  and  feed  stable  keepers  defined. 
SEC.  2.  Statement  to  be  made  on  application. 
SEC.  3.  Statements  to  be  filed;  rates  of  license. 

SEC.  1.     A  livery  stable  keeper  is  one  who  keeps 


ORDINANCES.  125 

for  hire  horses,  carriages,  or  other  vehicles;  and  a  feed 
stable  keeper  is  one  who  provides  feed  and  stabling  for 
animals  not  his  own. 

SEC.  2.  Each  livery  stable  keeper,  on  making  ap- 
plication to  the  Mayor  for  license,  shall  make  a  state- 
ment of  the  greatest  number  of  animals  and  vehicles 
of  all  descriptions  kept  by  him,  which  statement  shall 
be  sworn  to,  before  the  Mayor  or  City  Recorder,  by  the 
livery  stable  keeper  or  his  duly  authorized  agent. 

SEC.  3.  The  City  Recorder  shall  file  all  such  state- 
ments, and  may  issue  yearly,  half-yearly  or  quarterly 
licenses  thereon  at  the  following  rates  per  annum,  viz.; 

For  10  vehicles  and  over,  with  animals,  $100.00. 

For  any  number  of  vehicles  over  five  and  less  than 
10,  with  animals,  $60.00. 

For  less  than  five  vehicles,  with  animals,  $30.00.  ' 

For  feeding  stables  exclusively,  $24.00. 


ARTICLE  VII.— Selling  Fresh  Meats. 

SEC.  1.  License  to  be  obtained. 

SEC.  2.  What  application  must  contain. 

SEC.  3.  What  license  must  contain. 

SEC.  4.  Penalty. 

SEC.  1.  It  shall  not  be  lawful  for  any  person  to 
carry  on  the  business  of  selling  fresh  meats  within  the 
limits  of  this  city,  without  first  obtaining  a  license 
therefor. 

SEC.  2.  All  applications  for  license  to  carry  on 
the  business  aforesaid  shall  be  made  to  the  Mayor  in 


ORDINANCES. 

writing,  who  is  hereby  authorized  to  grant  such 
licenses  on  payment  into  the  City  Treasury  of  the  sum 
of  twelve  dollars  per  quarter,  in  advance.  Said  ap- 
plication shall  specify  where  the  business  is  to  be  car- 
ried on,  when  it  shall  commence,  and  shall  be  signed 
by  the  applicant. 

SEC.  3.  In  the  license  to  sell  fresh  meats,  it  shall 
state  where  the  business  is  to  be  carried  on;  but  such 
license  shall  not  authorize  such  business  to  be  carried 
on  at  any  other  place  than  that  designated  there- 
in. Such  license  shall  not  be  transferable,  nor  shall  it 
authorize  any  person  to  carry  on  such  business  other 
than  as  named  therein. 

SEC.  4.  Any  person  failing  to  comply  with  the 
provisions  of  this  article,  shall  be  liable  to  a  fine  not 
exceeding  one  hundred  dollars. 


ARTICLE  VIII.— Billiard  and  other  Gaming 
Tables,  and  Pin  Alleys. 

SEC.  1.  Billiard  and  pool  tables — Rates  of  license. 

SEC.  2.  Other  tables. 

SEC.  3.  Pin  alleys. 

SEC.  4.  Bonds. 

SEC.  1.  A  keeper  of  a  billiard  or  a  pool  table  is 
one  who  possesses  or  keeps,  or  has  the  control  or  man- 
agement of,  one  or  more  billiard  or  pool  tables  whereon 
others  are  permitted  to  play,  and  for  the  use  of  which, 


OKDINANCES.  127 

or  privilege  of  playing  thereon,  or  for  the  hire  there- 
of, any  money  or  its  equivalent,  or  any  check  or 
counter  in  lieu  of  money,  shall  be  paid  or  received; 
and  all  billiard  or  pool  tables  within  Ogden  City  shall 
be  held  and  taken  to  be  so  kept,  and  to  come  within 
the  meaning  of  this  article,  except  such  as  may  be 
kept  within  dwelling  houses  for  the  owner's  recreation, 
and  not  for  the  purpose  of  letting  the  same  to  others  to 
play  thereon  for  money,  or  anything  representing  or 
in  lieu  of  money,  or  for  wagers  or  bets;  and  there 
shall  be  levied  and  collected  in  advance  for  every 
license  to  keep  billiard  and  pool  tables  as  aforesaid, 
$15  per  quarter  for  each  table. 

SEC.  2.  There  shall  be  levied  and  collected  for 
every  license  to  keep  bagatelle,  borondulette,  pigeon- 
hole, or  other  kinds  of  tables,  on  which  games  are 
played,  other  than  billiard  and  pool  tables,  for  each 
table  the  sum  of  ten  dollars  per  quarter,  payable 
quarterly  in  advance.  And  no  such  tables  or  billiard 
or  pool  tables  shall  be  kept  in  any  saloon,  or  any  other 
public  place  for  use,  without  a  license  therefor  shall 
be  first  obtained,  according  to  the  provisions  of  this 
chapter. 

SEC.  3.  A  keeper  of  a  pin  alley  is  one  who  owns, 
possesses  or  keeps  such  alley  (without  regard  to  the 
number  of  pins  used),  on  which  persons  are  permitted 
to  play;  and  for  license  to  keep  a  pin  alley,  there  shall 
be  levied  and  collected  quarterly  in  advance,  the  sum 
of  $10  on  each  alley  or  runway. 

SEC.  4.  All  persons,  other  than  saloon  keepers, 
obtaining  license  under  this  article  shall  give  bonds  to 
the  city  of  Ogden,  with  at  least  two  sureties,  to  be 


128  ORDINANCES. 

approved  by  the  Mayor,  in  the  penal  sum  of  $300, 
conditioned  that  the  party  so  licensed  shall  faithfully 
observe  and  keep  all  the  provisions  of  this  article,  and 
that  he  will  prohibit  music,  dancing,  drunkenness  and 
all  riotous  or  disorderly  conduct  on  his  premises. 


ARTICLE  IX.— Brewers  and  Distillers. 

SEC.  1.  License  must  be  obtained. 

SEC.  2.  What  application  must  contain. 

SEC.  3.  License,  when  granted — Rates. 

SEC.  4.  Not  transferable. 

SEC.  5.  Penalty. 

SEC.  1.  No  person  within  the  limits  of  Ogden  City, 
directly  or  indirectly,  in  person  or  by  another,  shall 
manufacture,  for  or  on  his  account,  any  spirituous  or 
fermented  liquors,  for  sale,  without  a  license  first  had 
and  obtained  according  to  the  provisions  of  this  article. 

SEC.  2.  Applications  for  license  under  the  pro- 
visions of  this  article  shall  be  made  in  writing  to  the 
Mayor  and  City  Council,  and  shall  state  the  full  name 
of  the  applicant,  and  if  a  firm,  the  full  name  of  each 
member  thereof,  and  the  place  where  such  business  is 
to  be  carried  on. 

SEC.  3.  On  payment  into  the  City  Treasury  of 
the  amount  herein  named,  and  the  fulfillment  of  all 
other  requirements  of  this  article,  the  Mayor  and  City 
Council  may  cause  to  be  issued  by  the  Recorder  a 
license  to  carry  on  the  business  asked  for,  for  the 
period  of  three  months,  in  tne  tenement  or  building 
designated  in  the  application,  at  the  following  rates, 


ORDINANCES.  129 

viz.:  As  a  brewer  to  manufacture  ale,  beer  or  porter, 
to  be  sold  only  at  wholesale,  by  the  keg  or  barrel,  in 
quantities  not  less  than  four  gallons,  or  in  bottles  not 
less  than  one  dozen,  and  not  to  be  drank  on  the  prem- 
ises, twenty-five  dollars  per  quarter. 

As  a  distiller,  to  manufacture  spirituous  liquors,  to 
be  sold  only  at  wholesale,  by  the  keg  or  barrel,  in 
quantities  not  less  than  four  gallons,  or  in  bottles  not 
less  than  one  dozen,  and  not  to  be  drank  on  the  prem- 
ises, fifty  dollars  per  quarter. 

SEC.  4.  No  license  granted  under  the  provisions  of 
this  article  shall  be  assignable  or  transferable,  or  au- 
thorize any  person  or  persons  other  than  those  named 
in  the  license,  to  carry  on  the  business  therein  specified. 
Nor  shall  any  person  or  persons  carry  on  any  business 
named  in  this  article  at  any  other  place  than  the  one 
designated  in  the  license  therefor,  without  the  consent 
of  the  City  Council  first  had  and  obtained  thereto. 

SEC.  5.  If  any  person  shall  engage  in  the  man- 
ufacture of  any  spirituous  or  fermented  liquors  at  any 
house  or  place  within  this  city  without  first  having  ob- 
tained a  license  therefor  as  hereinbefore  provided,  or  if 
any  person  licensed  as  a  brewer  or  distiller  shall  sell, 
give  away  or  dispose  of  any  spirituous  or  fermented 
liquors  on  Sunday,  or  give  or  sell  to  any  minor  or 
Indian  in  any  quantity,  or  sell  or  dispose  of  any 
spirituous  or  fermented  liquors  in  quantities  less  than 
hereinbefore  prescribed,  or  sell  any  such  liquors  or 
suffer  them  or  either  of  them  to  be  sold  or  to  be  drank 
on  his  premises,  without  first  having  taken  out  a  license 
as  liquor  dealer  at  such  premises,  he  shall,  on  convic- 
tion of  either  offense,  be  liable  to  a  fine  in  any  sum  not 
exceeding  one  hundred  dollars,  or  to  imprisonment 

9  * 


130  ORDINANCES. 

not  exceeding  one  hundred  days,  or  to  both  such  fine 
and  imprisonment,  at  the  discretion  of  the  court. 


ARTICLE  X.— Hawkers  and  Peddlers. 

SEC.  1.    License  must  be  obtained. 
SEC.  2.    Rates. 

SEC.  1.  All  hawkers  and  peddlers  are  hereby  re- 
quired to  obtain  license  under  the  provisions  of  this 
chapter,  and  shall  pay  therefor,  per  annum,  the  sum 
hereinafter  named. 

SEC.  2.  For  a  license  to  carry  a  basket  for  the 
sale  of  notions,  $6.00. 

For  a  license  to  carry  a  pack  for  the  sale  of  mer- 
chandise, $30.00. 

For  a  license  to  peddle  merchandise  from  a  wagon, 
or  other  vehicle,  $60.00. 

Provided,  that  quarterly  licenses  may  be  issued 
at  the  foregoing  rates. 


ARTICLE  XI.— Sundry  Vocations. 

SEC.  1.  Businesses  to  be  licensed. 

SEC.  2.  Rates. 

SEC.  3.  Exemptions. 

SEC.  4.  Same. 

SEC.  1.    It  shall  not  be  lawful  for  any  person  to 
exercise,  within  Ogden  City,  the  business  of  drummer 


ORDINANCES.  131 

or  commercial  traveler  or  agent,  runner  or  buyer  on 
the  street,  real  estate  or  land  agent,  smelting  or  crush- 
ing ores,  assaying,  bill  poster,  insurance  agent,  photo- 
grapher, machine  agent,  expressing,  telegraphing, 
telephoning,  intelligence  office,  running  omnibusses, 
cars,  cabs,  hacks  or  other  vehicles,  porterage,  or  to 
conduct  or  manage  any  theatre,  circus,  menagerie,  ex- 
hibition, show  or  amusement,  skating  rink,  shooting 
gallery,  ball  por  concert  room,  without  first  obtaining 
license  therefor. 


SEC.  2.  There  shall  be  levied  and  collected  quar- 
terly in  advance,  for  every  license  granted  for  the 
business  or  object  herein  specified,  as  follows: 

First. — Upon  the  license  of  every  person  who  en- 
gages in  the  business  or  occupation  or  calling  of 
what  is  commonly  known  as  a  commercial  traveler,  or 
drummer,  or  commercial  agent  or  traveling  agent,  who 
sells  or  offers  to  sell  or  solicits  for  the  sale  of  any 
goods,  or  wares,  or  merchandise,  $10.00. 

Second. — Upon  a  runner's  license,  $3.00. 

Third. — Upon  a  real  estate  or  land  agent's 
license,  $4.00. 

Fourth. — Upon  a  license  for  smelting  or  crushing 
ores,  $10.00. 

Fifth. — Upon  an  assay  er's  license,  $3.00. 

Sixth. — Upon  a  bill  poster's  license,  $2.00. 

Seventh. — Upon  an  insurance  agent's  license,  for 
each  company  represented,  $2.00. 

Eighth. — Upon  a  photographer's  license,  $5.00. 

Ninth. — Upon  a  sewing  machine  agent's  license, 
$5.00. 

Tenth. — Upon  an  express  agent's  or  company's 
icense,  $5.00. 


132 

Eleventh. — Upon  a  license  for  every  telegraphing 
company,  $6.00. 

Twelfth. — Upon  the  license  of  a  telephone  com- 
pany, $3.00. 

Thirteen tli. — Upon  an  intelligence  office  keeper's 
license,  $2.00. 

Fourteenth. — Upon  a  license  to  run  an  omnibus, 
$4.00. 

Fifteenth. — Upon  a  license  to  run  a  car,  cab, 
hack  or  other  vehicle,  $3.00. 

Sixteenth. — Upon  a  porter's  license,  $2.00. 

Seventeenth. — Upon  a  license  for  a  theatre, 
§10.00. 

Eighteenth. — Upon  a  license  for  a  circus  or 
equestrian  exhibition,  for  each  performance  or  exhibi- 
tion, $50.00. 

Nineteenth. — Upon  a  license  for  a  traveling 
menagerie,  for  each  performance  or  exhibition,  $25.00. 

Twentieth. — Upon  a  license  for  a  concert,  ball, 
lecture,  tricks  of  legerdemain,  or  any  other  exhibi- 
tion, show  or  amusement,  for  each  performance  or  ex- 
hibition, $3.00. 

Twenty-first. — Upon  a  license  for  a  skating  rink, 
$10.00. 

Twenty- second. — Upon  a  license  for  a  shooting  gal- 
lery, $10.00. 

SEC.  3.  Nothing  in  this  article  shall  be  construed 
to  apply  to  free  lectures  or  concerts,  or  social  gather- 
ings for  charitable  purposes. 

SEC.  4.  If  any  person  shall  furnish  such  evidence 
as  shall  satisfy  the  City  Council  that  he  or  she  by  rea- 
son of  misfortune  or  physical  infirmities  merits  ex- 
emption from  the  provisions  of  any  section  or  clause 


ORDINANCES.  133 

of  this  article,  a  free  or  gratuitous  license  may  be  is- 
sued to  such  party  by  the  Mayor  and  attested  by  the 
City  Kecorder. 

Approved  January  31,  1881. 


CHAPTER  XVI. 

TO  PROVIDE  FOR   ASSESSING   AND    COLLECTING 
CITY  TAXES. 

SEC.  1.    Rate  of  assessment. 

SEC.  2.    Exemptions. 

SEC.  3.    How  assessed. 

SEC.  4.    Same. 

SEC.  5.    Tax  constitutes  a  lien. 

SEC.  6.    Real  estate. 

SEC.  7.     Corporations. 

SEC.  8.    Railroads. 

SEC.  9.    Notice  to  be  given. 

SEC.  10.  Oaths  administered— Deputies. 

SEC.  11.  Blank  assessment  list. 

SEC.  12.  Duties  of  Assessor. 

SEC.  13.  Duties  of  City  Council  and  Recorder. 

SEC.  14.  The  City  Council  a  board  of  equalization. 

SEC.  15.  Recorder  may  be  present. 

SEC.  16.  Duties  of  Collector. 

SEC.  17.  When  real  estate  sold. 

SEC.  18.  May  be  redeemed. 

SEC.  19.  Money  paid  to  redemptioner. 

SEC.  20.  When  not  redeemed. 

SEC.  21.  Collector  when  exonerated. 

SEC.  22.  Auditor  to  keep  account. 

SEC.  23.  Taxpayer  to  be  credited. 

SEC.  24.  Money  to  be  paid  into  the  treasury. 


134  ORDINANCES. 

SEC.  35.  Election  of  Assessor. 
SEC.  26.  Meaning  of  terms. 
SEC.  27.  Ordinances  repealed. 

SEC.  1.  There  is  hereby  directed  to  be  assessed 
and  collected  annually,  beginning  with  the  year  1880, 
an  ad  valorem  tax  on  all  property  within  the  limits  of 
Ogden  City  Corporation,  made  taxable  by  the  laws  of 
the  Territory  of  Utah,  for  the  following  named  pur- 
poses, to  wit;  Not  to  exceed  five  mills  on  the  dollar 
to  defray  the  contingent  expenses  of  the  city;  not  to 
exceed  five  mills  on  the  dollar  to  open,  improve  and 
keep  in  repair  the  streets  of  the  city. 

SEC.  2.  All  property,  real  and  personal,  situated 
and  being  in  this  city,  is  taxable,  except: 

First. — Property  owned  by  the  United  States. 

Second. — Bonds  and  other  obligations  of  the 
United  States. 

Third. — Property  owned  by  this  city,  by  Weber 
County,  by  Utah  Territory,  or  by  any  school  district. 

Fourth. — Houses  and  other  buildings  and  land 
occupied  for  public  worship,  owned  by  any  religious 
denomination,  so  long  as  the  same  are  used  for  public 
worship,  and  no  income  is  derived  therefrom;  but  this 
subdivision  does  not  include  the  residence  of  the 
minister,  parson  or  other  person  attendant  upon  such 
denomination. 

Fifth. — Property  owned  by  any  scientific,  chari- 
table or  benevolent  society,  so  long  as  such  property 
and  the  income  that  may  be  derived  therefrom  are 
nsed  exclusively  for  the  public  good. 

Sixth. — Public  libraries  and  libraries  of  literary 
and  scientific  associations,  when  no  income  is  derived 
therefrom. 

Seventh. — Private  libraries  and  libraries   of  pro- 


ORDINANCES.  135 

fessional  persons,  not  exceeding  three  hundred  dol- 
lars in  value. 

Eighth. — Public  squares  and  public  grounds, 
used  for  amusement  and  pleasure,  when  no  income  is 
derived  therefrom. 

Ninth. — Shares  of  stock  in  corporations  when  the 
property  of  the  corporation  is  taxable. 

Tenth. — Cemeteries  and  graveyards  when  used 
for  interring  the  dead. 

Eleventh. — Property  owned  by  any  fire  or  military 
company,  when  used  only  for  the  public  good,  and  no 
income  is  derived  therefrom;  mining  claims  and  the 
products  of  mines  and  the  ore  in  the  mines. 

Twelfth. — Wearing  apparel,  beds,  bedding,  stoves, 
chairs,  etc.,  not  exceeding  one  hundred  dollars  in 
value  for  each  family. 

SEC.  3.  Property  other  than  money,  shall  be  as7- 
sessed  at  a  fair  cash  valuation.  Money  loaned,  on 
hand  or  on  deposit,  shall  be  assessed  at  its  legal  value. 
Real  estate  shall  be  listed  as  real  estate,  and  personal 
property  shall  be  listed  as  personal  property.  Real 
estate  taxable  under  this  ordinance,  shall  be  listed  and 
assessed  as  valued  on  the  1st  day  of  January  in  each 
year;  all  other  property  taxable  under  this  ordinance, 
shall  be  listed  and  assessed  as  valued  on  the  day  of 
assessment.  From  credits  taxable  under  this  ordi- 
nance, debts  due  and  owing  by  the  party  to  be  assess- 
ed shall  be  deducted  in  listing  and  assessing. 

SEC.  4.  Shares  of  stock  in  national  banks  shall 
be  listed  and  assessed  to  the  shareholders.  Shares  of 
stock  in  corporations  other  than  national  banks,  when 
the  same  are  taxable,  money  and  taxable  bonds,  shall 
be  listed  and  assessed  to  the  shareholder,  moneyholder, 


136  ORDINANCES. 

or  bondholder.  Property  held  in  trust  by  an  executor, 
administrator  or  other  trustee,  shall  be  listed  to  such 
executor,  administrator  or  trustee. 

SEC.  5.  Property  shall  be  assessed  to  the  owner, 
if  known;  if  the  owner  be  unknown,  then  to  an  un- 
known owner.  The  tax  shall  attach  to  an  constitute  a 
lien  on  the  property  assessed  from  the  day  of  assess- 
ment. If  the  taxpayer  own  both  real  estate  and  per- 
sonal taxable  property,  the  tax  on  the  personal  prop- 
erty shall  also  be  a  lien  on  the  real  estate.  In  each 
and  every  case  the  lien  shall  be  paramount  to  all  other 
liens  whatsoever,  and  it  shall  not  be  removed  there- 
from until  the  tax  is  paid,  or  until  the  title  vests  there- 
to, under  a  sale  thereof,  by  virtue  of  proceedings  to 
enforce  payment  of  the  tax. 

SEC.  6.  In  assessing  real  estate,  it  shall  be  re- 
ferred to  with  reasonable  certainty,  as  to  locality  and 
quantity;  it  shall  be  sufficient  to  give  the  number  of  the 
lot,  block  and  plat,  when  so  platted  and  numbered; 
and  on.  other  lands,  the  approximate  area  within  the 
section  or  other  legal  subdivision  of  the  United  States 
or  city  surveys. 

SEC.  7.  The  property,  real  and  personal,  of  cor- 
porations shall  be  assessed,  and  the  tax  collected  to 
the  same  extent  as  if  such  property  were  owned  by 
individuals. 

SEC.  8.  In  all  cases  where  a  railroad,  owned  by 
any  person,  partnership,  firm,  company  or  corporation, 
shall  be  located  and  constructed  in  this  city,  such  road 
and  the  real  and  personal  property  appertaining  there- 
to, shall  be  assessed  in  the  same  manner  as  other 


ORDINANCES.  137 

property.  The  president  or  other  officer  of  such  com- 
pany or  corporation,  shall,  on  demand,  give  to  the 
Assessor  a  statement  containing  a  description  of  such 
road,  and  the  real  and  personal  property  appertaining 
thereto,  within  the  city,  with  the  fair  cash  value  there- 
of. Also  the  number  of  locomotives  and  cars  of  every 
description,  commonly  known  as  rolling  stock,  and 
their  fair  cash  value;  the  whole  length  of  said  road, 
and  the  length  of  that  portion  thereof  in  this  city,  and 
an  apportionment  of  the  valuation  of  such  rolling 
stock  to  this  city,  the  same  to  be  estimated  according 
to  the  proportion  to  which  the  portion  of  said  road,  in 
this  city,  bears  to  the  whole  length  of  said  road. 

SEC.  9.  In  all  cases  when  the  property  of  a  cor- 
poration is  to  be  assessed,  the  Assessor  shall  issue  a 
written  notice  to  the  president,  secretary,  superinten- 
dent or  person  in  charge  of  the  property  of  such  cor- 
poration, that  an  assessment  is  to  be  made,  requiring 
suchp  resident,  secretary,  superintendent  or  person  in 
charge  of  said  property,  to  make  a  statement,  upon 
his  oath  or  affirmation,  of  the  real  and  personal 
property  of  such  corporation,  situate  and  being  in  this 
city,  and  deliver  the  same  to  the  Assessor  within  ten 
days  from  date  of  said  notice.  It  shall  be  sufficient  to 
deposit  said  notice  in  the  post  office,  postage  prepaid, 
directed  to  such  corporation  at  the  place  where  it  keeps 
its  principal  office  or  place  of  business. 

SEC.  10.  The  Assessor  and  Collector  is  hereby 
empowered  to  administer  oaths  in  the  discharge  of  his 
official  duties,  and  shall  require  persons  to  give  a  state- 
ment of  their  taxable  property  under  oath,  and  he  is 
hereby  authorized  to  appoint,  when  necessary,  one  or 
more  deputies,  who  shall  be  invested  with  the  same 


138  ORDINANCES. 

power  as  their  principal,  and  for  whose  official  acts  he 
shall  be  responsible,  and  they  shall  qualify  and  give 
bonds  with  good  and  sufficient  sureties  to  said  Assessor 
and  Collector,  to  be  approved  by  him  and  filed  with  the 
city  Eec  order. 

SEC.  11.  The  Assessor  may,  when  he  deems  it 
necessary,  leave  with  the  person  to  be  assessed,  or  at 
his  residence  or  place  of  business,  a  blank  form  of  the 
assessment  list — and  with  corporations,  firms  or  associa- 
tions, suitable  forms — requiring  the  taxpayer  to  fill  out 
and  swear  to  the  same,  except  as  to  values,  before  some 
officer  authorized  to  administer  oaths,  and  return  the 
same  to  the  Assessor  within  ten  days  from  date  of 
service;  and  any  person,  corporation,  firm  or  associa- 
tion furnished  with  said  blank  forms,  must  comply 
with  the  requirements  thereof,  or  be  liable  to  a  fine 
not  to  exceed  ninety-nine  dollars  for  each  and  every 
sueh  neglect.  If  any  person  shall  wilfully  and  know- 
ingly make  a  false  list  to  the  Assessor,  or  make  a  false 
statement  of  his  property,  or  property  under  his 
control,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  may  be  fined  in  any  sum  less  than  one  hundred 
dollars,  or  imprisonment  in  the  city  jail  not  exceed- 
ing one  hundred  days,  or  both.  The  City  Eecorder 
shall  furnish  to  the  Assessor  suitable  books  and  blanks 
conveniently  ruled  and  headed  for  designating  the 
property  to  be  assessed,  which  books  shall  constitute 
the  assessment  roll. 

SEC*  12.  After  the  first  day  of  January  and  before 
the  first  Monday  in  June  in  each  year,  the  Assessor 
shall  ascertain  by  diligent  inquiry  and  examination,  all 
property  in  this  city,  real  and  personal,  subject  to  tax- 
ation; also,  so  far  as  practicable,  the  names  of  all  per- 


ORDINANCES.  139 

sons,  corporations,  companies  or  firms  owning,  claim- 
ing or  having  the  possession  or  control  thereof,  and 
shall  determine  the  fair  cash  value  of  such  property, 
and  shall  so  list  and  assess  the  same  to  the  person, 
firm,  corporation,  association  or  company  owning  or 
having  the  possession,  charge  or  control  thereof,  and 
make  returns  to  the  City  Council.  But  the  time  lor 
making  returns  may  be  extended  or  additions  made 
thereto  by  order  of  said  Council.  No  assessment  of 
property  or  charge  for  taxes  or  assessments  thereon 
shall  be  considered  illegal  on  account  of  any  irregular- 
ity or  informality  in  the  tax  list  or  assessment  rolls,  or 
on  account  of  the  assessment  rolls  or  the  tax  list  not 
being  made,  completed  or  returned  within  the  time 
required  by  law,  or  on  account  of  the  property  having 
been  charged  or  listed  in  the  assessment  or  tax  list  in 
any  other  name  than  that  of  fbthe  rightful  owner;  and 
no  error  or  informality  in  the  proceedings  of  any  of  the 
officers  entrusted  with  the  assessment  and  collection  of 
taxes,  not  affecting  the  substantial  justice  of  the  tax 
or  assessment  itself,  shall  vitiate  or  in  any  way  affect 
the  tax  or  assessment.  If  at  any  time  after  the  assess- 
ment is  made,  and  during  the  year,  it  should  be  ascer- 
tained that  any  taxable  property  has  not  been  assessed, 
the  Assessor  may  assess  the  same,  and  make  report 
thereof  to  the  City  Council,  who  shall  cause  the  same 
to  be  entered  in  the  Collector's  roll  for  collection. 

SEC.  13.  The  City  Council  shall,  on  the  return  of 
the  assessment  roll,  appoint  a  time  to  hear  complaints 
and  determine  the  Assessor  and  Collector's  compensa- 
tion; also  determine  the  rate  per  cent,  of  the  city  tax 
for  the  current  year.  The  City  Eecorder  shall,  within 
twenty  days  after  the  receipt  of  the  assessment  roll,  set 
the  amount  of  tax  in  the  proper  column,  opposite  the 


140  OKDINANCES. 

name  or  description  of  property,  and  furnish  the 
Assessor  and  Collector  with  said  assessment  roll.  On 
receipt  of  the  assessment  roll  from  the  Recorder,  the 
Collector  shall  furnish  to  each  tax-payer  by  mail,  post- 
age prepaid,  or  leave  at  his  residence  or  usual  place  of 
business  (if  known),  a  notice  of  the  amount  of  tax 
assessed  against  him,  and  where  and  when  payable, 
and  return  said  assessment  roll  to  the  City  Council. 

SEC.  14.  The  City  Council  shall  constitute  a  board 
of  equalization,  and  shall  have  power  to  determine  all 
complaints  made  in  regard  to  the  assessed  value  of  any 
property,  and  may  change  and  correct  any  valuation, 
either  by  adding  thereto  or  deducting  therefrom;  and 
if  the  board  of  equalization  shall  find  it  necessary  to 
add  to  the  assessed  valuation  of  any  property  on  the 
assessment  roll,  they  shall  direct  the  Recorder  to  give 
notice  to  the  persons  interested,  by  letter,  postage  pre- 
paid, deposited  in  the  post-office,  or  otherwise,  naming 
the  day  when  they  shall  act  in  the  case,  and  allowing  a 
reasonable  time  for  such  parties  to  appear. 

SEC.  15.  During  the  sessions  of  the  board,  the 
Assessor  may  be  present,  and  shall  have  liberty  to 
make  any  statement  touching  questions  before  the 
board.  The  board  may  remit  or  abate  the  taxes  of  any 
insane,  idiotic,  infirm  or  indigent  person  to  any  amount 
not  exceeding  five  dollars  for  the  current  year.  During 
the  session  or  as  soon  as  possible  after  the  adjourn- 
ment of  the  board  of  equalization,  the  Recorder  shall 
enter  upon  said  assessment  roll  all  the  changes  and 
corrections  made  by  the  board,  and  shall  add  up  the 
columns  of  valuation;  and,  on  or  before  the  first  day 
of  September,  he  shall  make  and  deliver  to  the  Asses- 
sor and  Collector  a  true  copy  of  the  corrected  roll,  with 


ORDINANCES.]  141 

the  total  amount  of  taxes  to  eachjperson,  firm,  corpora- 
tion or  association,  carried  out  in  separate  money 
columns,  which  copy  shall  be  duly  certified  to  by  the 
Recorder;  and  he  shall  file  the  original  assessment  roll 
in  his  office.  The  City  Council  shall  have  power,  on 
satisfactory  proof  being  produced  that  any  property 
has  been  assessed  twice  in  the  same  year,  or  to  a  wrong 
owner,  to  correct  said  assessment  and  abate  the  tax 
thereon,  or  if  the  tax  has  been  paid  to  refund  the 
same,  and  if  the  property  has  been  erroneously  assess- 
ed to  a  wrong  person,  to  assess  the  property  to  the 
owner,  if  known. 

SEC.  16.  On  receipt  of  the  assessment  roll  from 
the  Recorder,  the  Collector  shall  proceed  to  collect  the 
taxes,  and  pay  the  amount  collected  into  the  City 
Treasury,  monthly,  or  oftener  if  required.  All  taxes 
provided  for  in  this  ordinance  shall  be  due  and  pay- 
able on  the  1st  day  of  September  annually.  -Any  and 
all  taxea  remaining  unpaid  on  the  31st  day  of  October 
in  the  year  the  taxes  are  assessed,  shall  be'deemed  de- 
linquent ;  and  it  shall  be  the  duty  of  the  Collector  to 
levy  upon  enough  taxable  personal  property  of  the 
tax-payer,  to  pay  the  taxes  and  costs,  and  proceed  to 
sell  the  same  in  the  manner  hereinafter  provided. 
Before  making  said  sale,  he  shall  give  the  owner,  if 
known,  and  an  inhabitant  of  the  city,  a  notice  in  writ- 
ing of  the  time  and  place  of  sale  ;  he  shall  also  cause 
public  notice  to  be  given,  not  less  than  ten  nor  more 
forty  days,  of  the  time  and  place  of  sale,  and  the  kind 
of  property  to  be  sold,  by  posting  up  said  notice  in 
not  less  than  three  public  places  in  the  city  ;  if  real 
estate  is  to  be  sold,  one  of  said  notices  must  be  posted 
upon  the  premises.  When  personal  taxable  property 
of  a  delinquent  taxpayer  is  not  found  by  the  Collector, 


142  ORDINANCES. 

or  if  found,  is  insufficient  in  amount  to  pay  his  taxes 
and  costs,  then  the  Collector  is  also  authorized  to  levy 
upon  and  sell  enough  of  any  real  estate  belonging,  or 
assessed  to,  such  delinquent  tax-payer,  to  pay  the  taxes 
due  and  all  costs  thereon;  but  if  the  property  is  not 
susceptible  of  division,  he  may  sell  the  whole  thereof. 
The  property  of  non-residents  or  of  persons  unknown, 
shall  not  be  sold  for  taxes  without  giving  notice  of  such 
sale  by  advertising  at  least  five  times  in  some  news- 
paper published  in  tnis  city  or  Territory,  commencing 
at  least  twenty  days  previous  to  the  date  of  sale.  The 
Collector  shall  be  entitled  to  the  same  fees,  as  costs,  as 
is  a  sheriff  or  constable,  for  like  services.  The  Col- 
lector is  hereby  authorized  and  empowered  to  collect 
taxes  at  the  rate  per  cent,  of  the  previous  year,  at  any 
time  after  the  property  has  been  assessed,  in  all  cases 
where  he  has  reasonable  grounds  for  supposing  that 
such  property  will  be  removed  from  the  city  previous 
to  the  regular  time  for  collecting.  Whenever  property 
shall  be  sold  for  taxes,  the  amount,  if  any,  remaining 
over  and  above  the  tax  and  costs,  shall  be  paid  into 
the  City  Treasury  subject  to  the  order  of  the  person 
whose  property  was  sold. 

SEC.  17.  When  real  estate  is  sold  for  taxes,  the 
Collector  shall  issue  a  certificate  to  the  purchaser,  re- 
citing substantially  the  facts  of  the  non-payment  of  the 
tax,  levy  upon,  advertisement  and  sale  of  said  real 
estate,  which  certificate  shall  beprima  fade  evidence 
of  the  facts  therein  recited;  a  duplicate  of  such  certifi- 
cate shall  be  filed  by  the  Collector  in  the  office  of  the 
Eecorder  of  the  county:  Provided,  that  if  at  such 
sale  no  person  shall  bid  and  pay  the  Collector  the 
amount  of  tax  and  costs  required  to  be  paid  as  afore- 
said on  any  real  estate,  the  Collector  shall  strike  off  the 


ORDINANCES.  143 

same  to  the  city,  and  shall  make  to  Ogden  City  cor- 
poration a  certificate  similar  to  that  given  to  other 
purchasers,  and  such  sale  to  the  city  shall  have  the 
same  effect  as  if  made  to  an  individual;  and  the  Auditor 
shall  credit  the  Collector  with  the  amount  of  tax  due 
thereon  and  costs  to  date  of  sale. 

SEC.  18.  Eeal  estate  sold  for  taxes  as  aforesaid, 
may  be  redeemed  by  any  person  having  any  interest 
therein,  at  any  time  within  two  years  after  the  date  of 
the  sale  thereof,  by  such  person  paying  into  the  City 
Treasury  for  the  use  of  the  purchaser,  or  his  legal  re- 
presentatives, the  amount  paid  by  said  purchaser,  and 
all  costs,  as  aforesaid,  with  interest,  at  the  rate  of  one 
and  one-half  per  cent,  per  month,  on  the  whole,  from 
the  day  of  sale  to  that  of  the  redemption,  and  all  taxes 
that  have  accrued  thereon,  and  which  have  been  paid 
by  the  purchaser  after  his  purchase  to  the  time  of  re- 
demption. And  the  Treasurer  shall  execute  duplicate 
receipts  therefor,  one  of  which  may  be  recorded  by  the 
County  Eecorder  of  Weber  County,  and  when  so  re- 
corded or  filed  for  record,  it  shall  have  the  effect  to 
nullify  or  satisfy  the  certificate  of  the  sale  of  such 
property  for  the  delinquent  taxes  and  costs. 

SEC.  19.  Money  paid  into  the  treasury  in  redemp- 
tion of  real  estate,  purchased  at  a  tax  sale,  and  to 
which  money  such  purchaser,  or  his  assignee,  is  enti- 
tled, shall  be  paid  to  him  by  the  Treasurer,  upon  his 
application  therefor  and  producing  the  duplicate  certifi- 
cate of  the  purchase  or  a  copy  thereof  certified  by  the 
Kecorder  and  endorsing  thereon  a  receipt  for  the 
amount. 

SEC.  20.    If  any  property,  sold  as  aforesaid,   be 


144  ORDINANCES. 

not  redeemed  within  the  time,  and  in  the  manner  afore- 
said, on  presentation  of  the  Collector's  certificate  of 
said  sale,  the  City  Eecorder  shall  make  out  and  de- 
liver a  deed  therefor,  conveying  the  same  to  the  indi- 
vidual purchaser,  assignee  or  city,  as  the  case  may  be; 
which  deed  shall  recite,  substantially,  the  amount  of 
tax,  the  year  for  which  it  was  assessed,  the  day  and 
year  of  the  sale,  the  amount  for  which  the  real  estate 
was  sold,  a  full  description  thereof  and  the  name  of 
the  purchaser,  assignee  or  city,  as  the  case  may  be, 
and  when  attested  by  the  corporate  seal,  such  deed 
shall  \)Q prima  facie  evidence  of  the  facts  recited  there- 
in. 

SEC.  21.  Whenever  the  Collector  shall  furnish 
satisfactory  proof  to  the  City  Council  that  he  has  ex- 
hausted all  the  the  taxable  property,  real  and  personal, 
of  any  delinquent  taxpayer,  the  City  Eecorder  shall 
credit  the  Collector  with  the  amouut  of  the  tax  of  such 
delinquent  remaining  unpaid. 

SEC.  22.  It  shall  be  the  duty  of  the  Auditor  to 
keep  an  account  with  the  Assessor  and  Collector,  de- 
biting him  with  the  amount  of  tax  assessed,  and  credit- 
ing him  with  the  amount  paid  into  the  City  Treasury, 
the  amount  remitted,  and  compensation  allowed  him 
for  his  services. 

SEC.  23.  Whenever  any  tax  is  paid  in  full  to  the 
Collector,  he  shall  mark  the  word  "paid"  on  the  tax 
roll  opposite  the  name  of  the  tax-payer,  and  shall  give 
a  receipt  therefor. 

SEC.  24.  On  or  before  the  31st  day  of  March  in 
each  year,  the  Assessor  and  Collector  shall  make  full 


ORDINANCES.  145 

payment  into  the  City  Treasury  for  all  taxes  due,  and 
settle  up  his  accounts  with  the  Auditor.  If  any  taxes 
shall  remain  unpaid  to  the  Assessor  and  Collector  on 
the  31st  day  of  March,  he  shall  have,  in  his  own  indi- 
vidual right,  a  right  of  action,  the  same  as  on  express 
contract  for  the  direct  payment  of  money,  against  each 
delinquent.  And  no  property  of  such  delinquent  shall 
be  exempt  from  execution  on  a  judgment  in  such 
cases. 

SEC.  25.  The  Assessor  and  Collector,  to  be  elect- 
ed on  the  second  Monday  in  February,  A.  D.  1881, 
and  biennially  thereafter,  shall  enter  upon  the  duties 
of  his  office  on  the  first  day  of  April  next  following 
his  election,  and  shall  qualify  at  least  five  days  prior 
thereto. 

SEC.  26.  Whenever  the  terms  mentioned  in  this 
section  are  employed  in  this  ordinance,  they  are  em- 
ployed in  the  senses  hereinafter  affixed  to  them,  except 
where  a  different  sense  plainly  appears : 

First — The  term  person,  when  applicable,  includes 
firm,  partnership,  joint  stock  company,  association 
and  corporation ; 

Second — Words  in  the  singular  may  include  the 
plural,  and  words  in  the  masculine  may  include  the 
feminine ; 

Third — The  term  property  includes  both  real 
estate  and  personal  property,  as  hereinafter  defined ; 

Fourth — The  term  personal  property  includes 
money  and  all  other  property,  tangible  and  intangible, 
except  real  property  ; 

Fifth — The  term  intangible  property  includes 
shares  of  stock  in  corporations  and  in  joint  stock 

companies,  and  taxable  bonds; 
10 


146  ORDINANCES. 

Sixth— The  term  real  property  includes  land,  land 
claims  and  all  improvements  thereon  ; 

Seventh — The  term  real  estate  includes  the  own- 
ership of,  or  claim  to,  or  possession  of,  or  right  of 
possession  to,  any  real  property  in  this  city  ; 

Eighth — The  terms  writing  and  written,  include 
printing  and  printed,  and  the  terms  printing  and  print- 
ed include  writing  and  written. 

SEO.  27.  All  ordinances  heretofore  passed  in  rela- 
tion to  assessing  and  collecting  city  taxes,  superseded 
by  or  in  conflict  with  any  of  the  provisions  of  this 
ordinance,  are  hereby  repealed:  Provided,  always,  that 
such  repeal  shall  not  affect,  or  in  any  wise  impair  any 
right  accruing  or  any  liability,  forfeiture  or  penalty 
incurred  under  such  repealed  ordinances,  or  affect  any 
suit,  prosecution  or  proceeding  begun  or  pending  pre- 
vious to  the  said  repeal;  but  all  rights,  forfeitures, 
liabilities  or  penalties  incurred  under  said  ordinances 
may  be  enforced,  the  same  as  if  such  repeal  had  not 
been  made;  nor  shall  such  repeal  affect  the  right  to  any 
office  or  change  the  term  or  tenure  thereof. 

Approved  March  16th,  1880. 


ORDINANCES  147 


CHAPTEE  XVII. 

REGULATING  ELECTIONS   AND  PROVIDING  FOR    THE 
REGISTRATION   OF  VOTERS. 


SEC.  1.    Elections,  when  held. 

SEC.  2.    Who  shall  be  elected. 

SEC.  3.    Registration  officers. 

SEC.  4.    Duty  of  Assessor  and  Collector. 

SEC.  5.    Oath  of  applicant. 

SEC.  6.    Duty  of  City  Recorder. 

SEC.  7.    Same. 

SEC.  8.    Notice  of  election. 

SEC.  9.    Judges  of  election. 

SEC.  10.  Council  to  provide  ballot  box,  etc. 

SEC.  11.  Envelopes  to  be  provided. 

SEC.  12.  Elections,  how  conducted. 

SEC.  13.  Same. 

SEC.  14.  Votes  to  be  canvassed. 

SEC.  15.  Canvass  and  count. 

SEC.  16.  Subsequent  proceedings. 

SEC:  17.  Result  to  be  declared. 

SEC.  18.  Tie,  how  disposed  of. 

SEC.  19.  Ballots  to  be  destroyed. 

SEC.  20.  Oath  of  office. 

SEC.  21.  Bonds  to  be  given. 

SEC.  22.  Compensation. 

SEC.  23.  Effect  of  omission. 

SEC.  24.  Making  false  returns,  etc.— Penalty. 

SEC.  25.  Bribery— Penalty. 

SEC.  26.  Intimidation— Penalty. 

SEC.  27.  Ordinances  repealed. 

SEC.  1.  The  Municipal  Election  of  the  City  shall 
be  held  on  the  second  Monday  of  February,  1881,  and 
biennially  thereafter,  for  the  election  of  the  following 
officers  for  the  city,  viz. :  One  Mayor,  four  Aldermen, 
five  Councilors,  one  Kecorder,  one  Treasurer,  one  Mar- 


148  ORDINANCES. 

slial  and  one  Assessor  and  Collector,  who  shall  hold 
their  offices  for  two  years  and  until  their  successors  are 
elected  and  qualified. 

SEC.  2.  No  person  shall  be  elected  or  appointed 
to  any  office  of  said  city  unless  he  is  a  citizen  of  the 
United  States,  and  has  been  a  constant  resident  of  said 
city  for  one  year  next  preceding  such  election  or  ap- 
pointment. Neither  shall  any  person  be  eligible  to 
vote  at  any  election  unless  possessing  the  qualifications 
of  a  voter,  as  prescribed  by  the  laws  of  the  Territory 
of  Utah,  and  has  been  a  constant  resident  in  the  city 
during  the  six  months  next  preceding  said  election. 
No  officer  or  soldier  of  the  United  States  army,  or  other 
person  subject  to  its  military  authority,  shall  be 
eligible  to  office  or  entitled  to  vote  at  any  municipal 
election  in  the  city,  unless  his  home  or  place  of  resi- 
dence was  therein  at  the  time  of  engaging  in  such 
service. 

SEC.  3.  The  Assessor  and  Collector  in  and  for  the 
city,  is  hereby  constituted  the  Eegistration  Officer, 
and  is  authorized  to  appoint  one  or  more  deputies, 
when  necessary,  to  aid  him  in  carrying  out  the  pro- 
visions of  this  ordinance.  The  list  of  voters  made  by 
the  Assessor  and  Collector  in  the  year  1879,  and  subse- 
quently revised  by  him,  is  hereby  approved  and  adopt- 
ed as  the  registration  list  of  the  city. 

SEC.  4.  It  shall  hereafter  be  the  duty  of  the  Asses- 
sor and  Collector,  in  person  or  by  deputy,  at  the  time 
of  making  each  annual  assessment  for  taxes,  to  take  a 
transcript  of  the  next  preceding  registration  list,  and 
proceed  to  the  revision  of  the  same,  and  for  this  pur- 


OKDINANCES.  149 

pose  he  shall  visit  every  dwelling  house  in  this  city, 
and  make  careful  inquiry  if  any  person  whose  name  is 
on  his  list  has  died  or  removed  from  the  city,  or  is 
otherwise  disqualified  as  a  voter  therein,  and  if  so, 
erase  the  name  therefrom;  or  whether  any  qualified 
voter  resides  therein  whose  name  is  not  on  the  list,  and 
if  so,  to  add  the  name  thereto,  subject  to  the  conditions 
named  in  section  five  hereof. 


SEC.  5.  The  Assessor  and  Collector  .shall,  each 
year,  give  at  least  ten  days'  notice  by  having  the  same 
inserted  in  some  newspaper  having  a  general  circula- 
tion in  this  city,  or  by  posting  the  same  up  in  three 
public  places  therein,  that  he  will,  during  the  week 
commencing  on  the  third  Monday  in  December  next, 
be  in  attendance  at  his  office  for  the  purpose  of  regis- 
tering all  applicants  for  registration  who  are  entitled 
thereto,  and  he  shall,  during  the  time  named  in  said 
notice,  be  in  attendance  at  his  office,  and  shall  enter 
upon  his  registry  list  the  names  of  all  applicants  who 
appear  and  subscribe  in  substance  the  following  oath 
or  affirmation: 


TERBITOKY  OF  UTAH, 
OGDEN  CITY. 


>ss. 


I, ,  being  first  duly  sworn,  depose  and 

say  that  I  am  over  twenty-one  years  of  age  and  have 
resided  in  Ogden  City  for  six  months  next  preceding 
the  date  hereof,  and  (if  a  male)  am  a  ("native  born" 
or  "naturalized,"  as  the  case  may  be)  citizen  of  the 
United  States,  (or,  if  a  female)  I  am  "native  born"  or 
"naturalized, "or  the  "wife,"  "widow"  or  "daughter," 


150  ORDINANCES. 

(as  the  case  may  be)ofa"native  born"  or  "naturalized" 
citizen  of  the  United  States. 

Subscribed  and  sworn  to  before  me  this day  of 

,  A.  D.  18—. 

Assessor. 

Upon  the  receipt  of  such  affidavit,  the  Assessor  as 
aforesaid  shall  place  the  name  of  such  voter  upon  the 
registry  list  and  deliver  the  same  together  with  all  af- 
fidavits, within  five  days  after  the  expiration  of  said 
week,  to  the  City  Kecorder. 

SEC.  6.  The  City  Recorder  shall  carefully  pre- 
serve all  said  affidavits,  and  registry  list,  and  shall 
make  a  copy  of  each  registry  list,  and  cause  the  same 
to  be  posted  up  at  least  twenty  days  before  the  day  of 
election,  in  some  conspicuous  place,  at  or  near  the 
place  of  election,  and  shall  make  and  transmit  another 
copy  to  the  Judges  of  Election. 

SEC.  7.  It  shall  be  the  duty  of  the  City  Eecorder 
to  give  notice  on  the  lists  so  posted  up,  that  any  Al- 
derman in  and  for  the  city  will  hear  objections  to  the 
right  to  vote,  of  any  person  registered,  until  the  fifth 
day  next  preceding  the  election;  said  objections  shall 
be  heard  only  when  made  in  writing,  by  a  qualified 
voter,  and  delivered  to  the  said  Alderman  at  least  ten 
days  prior  to  the  day  of  election,  who  shall  issue  a 
writen  notice  to  the  person  objected  to,  stating  the 
place,  day  and  hour  when  the  objection  will  be  heard 
and  giving  not  less  than  two  days  in  which  to  appear. 
The  person  making  the  objection  shall  serve,  or  cause 
to  be  served,  said  notice  upon  the  person  objected 
to,  and  shall  make  returns  of  said  service  to  said  Al- 


ORDINANCES.  151 

derman,  before  whom  the  objection  shall  be  heard, 
unless  at  the  time  set  for  hearing  he  shall  be  unable 
to  hear  the  same,  in  which  case  the  objection,  notice 
and  return  may  be  taken  before  any  other  Alderman, 
who  shall  hear  and  determine  the  case  the  same  as  if 
it  had  orriginally  been  commenced  before  him. 

The  objection  shall  state  the  particular  ground 
upon  which  it  is  made,  and  the  notice  shall  also  con- 
tain a  statement  thereof,  so  that  the  person  objected  to 
may  be  fully  apprised  of  the  nature  of  the  objection, 
and  he  shall  not  be  required  to  answer  to  any  objection 
of  which  he  shall  not  have  had  such  notice.  Upon 
hearing  the  case  if  said  Alderman  shall  find  that  the 
person  objected  to  is  not  a  qualified  voter,  he  shall 
within  three  days  prior  to  the  election,  transmit  a  cer- 
tified list  of  the  names  of  all  such  unqualified  per- 
sons to  the  Judges  of  Election,  and  such  Judges  shall 
strike  out  such  names  from  the  registry  list,  before 
opening  the  polls.  The  polls  shall  be  open  to  receive 
votes  at  the  hour  of  eight  o'clock  in  the  morning  and 
continue  open  till  six  o'clock  in  the  evening. 

SEC.  8.  The  City  Kecorder  shall  cause  to  be  writ- 
ten or  printed,  a  notice,  designating  the  offices  to  be 
filled,  the  day  when  the  election  shall  be  held,  the 
place  for  holding  the  polls,  and  the  time  when  the 
same  will  open  and  close. 

He  shall  date  said  notice  and  cause  a  copy  thereof 
to  be  posted  up  at  least  fifteen  days  before  the  election, 
in  at  least  three  places  in  this  city,  which  are  best  cal- 
culated to  give  notice  to  all  the  voters  therein. 

SEC.  9.  The  Council  shall,  at  least  twenty  days 
before  any  election,  appoint  three  capable  and  dis- 
creet persons,  one  at  least  of  whom  shall  be  of  the 


152  ORDINANCES. 

political  party  that  was  in  the  minority  at  the  last  pre- 
vious election,  if  any  such  party  there  be,  to  act  as 
Judges  of  general  and  special  elections,  and  shall  des- 
ignate one  of  the  persons  appointed,  to  preside,  and 
the  other  two  to  act  as  Clerks  of  said  election.  And 
the  Recorder  shall  make  out  certificates  of  said  appoint- 
ments, and  transmit  them  to  the  persons  so  appointed, 
who  previous  to  entering  upon  the  duties  of  said  office 
shall  take  and  subscribe  an  oath  before  some  person 
duly  authorized  to  administer  the  same,  to  the  effect 
that  they  will  well  and  faithfully  perform  all  the  duties 
of  said  offices,  to  the  best  of  their  ability,  and  that 
they  will  studiously  endeavor  to  prevent  any  fraud, 
deceit  or  abuse  at  any  election  over  which  they  may 
preside.  If  any  of  such  judges  decline  to  serve  or  fail 
to  appear,  the  voters  first  assembled  on  the  day  of  elec- 
tion, to  the  number  of  not  less  than  six,  at,  or  imme- 
diately after  the  time  designated  for  opening  the  polls, 
may  elect  a  judge  or  judges  to  fill  the  vacancy,  and 
the  persons  so  elected  shall  qualify  as  hereinbefore 
provided. 

SEC.  10.  The  Council  shall  provide  the  necessary 
books,  stationery  and  a  ballot  box,  which  ballot  box 
shall  be  made  of  galvanized  iron,  of  suitable  size,  with 
Yale  or  other  safe  lock,  and  two  keys.  One  of  the 
keys  to  be  kept  by  the  Judges  of  Election,  and  one  by 
the  City  Recorder.  There  shall  be  a  hole  in  the  top  of 
said  ballot  box,  of  sufficient  size  to  admit  a  single 
ballot. 

SEC.  11.  The  City  Council  shall  provide  the  Judges 
of  Election  with  a  sufficient  number  of  plain  envelopes 
for  election  purposes,  which  envelopes  shall  be  uni- 
form in  color  and  size,  without  any  mark,  writing, 


ORDINANCES.  153 

printing  or  device  upon  them;  and  no  other  kind  shall 
be  used  at  any  given  election.  Before  opening  the 
polls  the  ballot  box  shall  be  carefully  and  publicly 
examined  by  the  Judges  of  Election,  who  shall  satisfy 
themselves  that  nothing  is  therein.  It  shall  then  be 
locked  and  the  key  thereof  delivered  to  the  presiding 
Judge,  and  said  box  shall  not  be  opened  during  the 
election. 

SEC.  12.  At  the  opening  of  the  polls  at  all  gene- 
ral and  special  elections,  the  Judges  of  Election  shall 
designate  one  of  the  Judges  acting  as  Clerk,  who  shall 
have  in  custody  the  registry  list,  and  whenever  any 
ballot  shall  be  deposited  in  the  ballot  box  he  shall 
write  the  word  "voted  "  opposite  to  the  name  of  the 
person  casting  the  vote,  and  the  other  Judge  acting  as 
Clerk,  shall  write  the  name  of  the  voter  and  the  num- 
ber of  the  vote  upon  a  list  to  be  made  by  such  Judge. 

SEC.  13.  Every  voter  shall  designate  on  a  single 
ballot,  written  or  printed,  the  name  of  the  person  or 
persons  voted  for,  with  a  designation  of  the  office  to  be 
filled;  which  ballot  shall  be  neatly  folded  and  placed 
in  one  of  the  envelopes  hereinbefore  provided  for, 
and  delivered  to  the  presiding  Judge  of  Election,  who 
shall,  in  the  presence  of  the  voter,  on  the  name  of  the 
proposed  voter  being  found  on  the  registry  list  and  on 
all  challenges  to  such  vote  being  decided  in  favor  of 
such  voter,  deposit  it  in  the  ballot  box,  without  any 
mark  whatever  being  placed  on  such  envelope. 

SEC.  14.  As  soon  as  the  polls  shall  be  closed, 
the  Judges  of  Election  shall  immediately  proceed  to 
canvass  the  votes  and  continue  without  adjournment 
until  completed. 


154  ORDINANCES. 

All  candidates  voted  for  may  be  present,  either  in 
person  or  by  representative,  to  witness  said  canvass.  If 
any  envelope  shall  be  found  to  contain  two  or  more 
ballots  of  the  same  kind,  one  only  shall  be  counted; 
if  it  shall  contain  two  or  more  ballots  designating  more 
than  one  person  for  the  same  office,  neither  ballot 
shall  be  counted  for  either  of  such  persons.  If  any 
ballot  shall  designate  more  than  one  person  for  the 
same  office,  such  ballot  shall  not  be  counted  for  either 
of  such  persons. 

SEC.  15.  The  canvass  shall  commence  by  the 
Judges  who  have  acted  as  Clerks  comparing  their  res- 
pective lists,  and  ascertaining  therefrom  the  number 
of  votes  cast. 

The  box  shall  then  be  opened  and  the  ballots 
therein  contained  counted  by  the  Judges. 

The  presiding  Judge  shall  then  proceed  to  open 
the  ballots  and  call  off  therefrom  the  names  of  the 
persons  voted  for,  and  the  offices  they  are  intended  to 
fill.  The  Judges  acting  as  Clerks  shall  take  an  ac- 
count of  the  same,  and  all  the  ballots  shall  be  imme- 
diately returned  to  the  ballot  box,  which  box  shall 
immediately  be  locked  and  securely  sealed. 

SEC.  16.  After  the  canvass  shall  have  been  com- 
pleted, the  Judges  of  Election  shall  add  up  and  de- 
termine the  number  of  votes  cast  for  each  person  for 
the  several  offices,  which  result  shall  be  placed  on  the 
lists  made  by  the  Judges  acting  as  Clerks  of  the  elec- 
tion, and  the  Judges  shall  thereupon  certify  to  the 
correctness  of  the  same,  and  deliver  all  lists  securely 
sealed,  together  with  the  ballot  box,  to  the  City 
Eecorder  personally,  within  twelve  hours  after  the 
completion  of  the  count. 


ORDINANCES.  155 

SEC.  17.  On  receipt  of  the  ballot  box  and  returns 
of  election,  the  City  Eecorder  shall,  in  presence  of  a 
committee  appointed  by  the  City  Council  for  that  pur- 
pose, break  the  seal  of  the  returns,  and  all  candidates 
may  be  present,  as  provided  in  section  fourteen  of  this 
chapter,  and  said  Eecorder  and  said  Committee 
shall  carefully  examine  the  returns;  and  if  no  irregu- 
larity or  discrepancy  appear  therein,  affecting  the  re- 
sult of  the  election  of  any  candidate,  they  shall  ac- 
cept said  returns  as  correct;  but  if  the  right  of  any 
person  voted  for  is  in  any  way  affected,  then  the  Ee- 
corder and  Committee  shall  open  the  ballots,  and  can- 
vass the  same,  so  far  as  to  determine  the  rights  of  the 
person  whose  office  may  be  affected.  They  may  also 
caus'e  to  appear  before  them,  any  person  whom  they 
may  deem  proper  and  take  their  testimony  in  relation 
to  said  election.  After  the  completion  of  said  canvass, 
the  City  Eecorder  and  Committee  shall  declare  the  re- 
sult thereof,  and  the  City  .Eecorder  shall  immediately 
make  out  and  transmit  a  certificate  of  election  to  each 
person  elected  to  any  office. 

SEC.  18.  Whenever  a  tie  shall  occur  between  two 
or  more  persons  for  the  same  office,  the  Eecorder  shall 
notify  each  of  such  persons  thereof;  such  notice  shall 
state  the  time,  place  and  manner  in  which  the  tie  is  to 
be  decided,  and  if  neither  of  such  persons  appear  by 
self  or  agents,  the  office  shall  be  deemed  vacant;  if 
only  one  appear,  the  Eec.order  shall  issue  a  certificate 
of  election  to  such  person,  and  the  person  or  persons 
who  do  not  appear,  shall  be  deemed  to  have  waived 
all  right  to  said  office.  If  two  or  more  appear,  the  tie 
shall  be  decided  by  lot  in  the  presence  of  the 
Eecorder. 


156  ORDINANCES. 

SEC.  19.  Immediately  after  the  inspection  of  the 
ballots  they  shall  be  returned  into  the  box,  which  shall 
be  locked  and  securely  sealed,  and  so  preserved  for 
ten  days  after  the  result  of  the  election  has  been  de- 
clared; and  immediately  after  the  expiration  of  the  ten 
days,  if  no  notice  of  contest  has  been  filed,  the  City 
Recorder  shall,  in  the  presence  of  at  least  one  member 
of  the  City  Council,  destroy  all  of  said  ballots. 

SEC.  20.  The  City  Recorder  shall  as  soon  as  possi- 
ble after  the  result  of  the  election  has  been  determin- 
ed, make  out  a  general  abstract  thereof  in  duplicate, 
and  certify  to  the  correctness  thereof;  one  of  which  he 
shall  file,  and  the  other  he  shall  post  up  in  his  office, 
and  every  person  elected  or  appointed  to  an  elective, 
judicial  or  administrative  office,  shall,  before  he  enters 
upon  the  duties  thereof,  appear  before  the  Recorder 
and  take  and  subscribe  an  oath  or  affirmation  that  he 
will  support  the  Constitution  of  the  United  States,  the 
laws  of  this  Territory  and  the  ordinances  of  this  city, 
and  that  he  will  well  and  truly  perform  all  the  duties 
of  his  office  to  the  best  of  his  knowledge  and  ability, 
and  shall  file  the  same  with  said  Recorder.  The  Mayor 
shall,  in  addition  to  the  usual  oath,  swear  or  affirm 
that  he  will  devote  so  much  of  his  time  to  the  duties  of 
his  office  as  an  efficient  and  faithful  discharge  thereof 
may  require,  and  if  any  person  elected  or  appointed 
to  any  office  in  the  city  shall,  for  thirty  days  after  such 
election  or  appointment,  fail  to  qualify  and  enter  up- 
on the  duties  of  such  office  as  required  by  law,  the 
City  Council  may  declare  said  office  vacant  and  pro- 
ceed to  fill  the  same  as  other  vacancies  are  filled. 

SEC.  21.  The  Mayor  and  Aldermen,  before  enter- 
ing upon  the  duties  of  their  respective  offices,  shall 


ORDINANCES.  157 

give  bonds  with  approved  securities,  each  in  the  penal 
sum  of  five  thousand  dollars,  to  the  people  of  Ogden 
City,  conditioned  for  the  faithful  performance  of  the 
duties  thereof,  which  bonds  shall  be  approved  by  the 
[Recorder  and  filed  in  his  office. 

SEC.  22.  The  Assessor,  the  Aldermen,  City  Ee- 
corder  and  Judges  of  Election,  shall  receive  for  their 
services  such  compensation  as  the  City  Council  shall 
determine. 

SEC.  23.  Any  omission  or  irregularity  of  the  As- 
sessor, or  other  officer  pertaining  to  election  matters, 
shall  not  invalidate  any  election,  or  authorize  the  re- 
jection of  any  legal  votes  cast,  except  to  the  extent 
that  such  omission  or  irregularity  shall  have  prevented 
a  fair  vote. 

SEC.  24.  Any  person  who  shall  falsely  make  any 
return,  or  falsely  make  any  certificate,  01*  who  shall  in 
any  manner  procure  or  assist  in  making  the  same, or  who 
shall  make  any  false  affidavit  to  the  Assessor,  or  who, 
having  entered  upon  the  duties  of  any  of  the  offices 
provided  for"  in  this  ordinance,  shal]  wilfully  fail  or 
neglect  to  perform  the  same,  or  who  shall  disturb  or 
be  guilty  of  any  riotous,  boisterous  or  indecent  con- 
duct, at  any  municipal  election,  or  disturb  or  interfere 
with  the  canvassing  of  votes  or  making  returns  there- 
of, shall  be  deemed  guilty  of  an  offense,  and  shall  be 
punished  by  a  fine  in  any  sum  not  exceeding  one 
hundred  dollars,  or  by  imprisonment  not  exceeding 
ninety-nine  days,  or  by  both  such  fine  and  imprison- 
ment, at  the  discretion  of  the  court. 

SEC.  25.    Any  person  who  shall  give,  or  promise, 


158  ORDINANCES. 

or  offer  to  give,  to  an  elector,  any  money,  reward  or 
other  valuable  consideration,  for  his  or  her  vote  at  an 
election,  or  for  withholding  the  same,  or  who  shall 
give  or  promise  to  give  such  consideration  to  any  other 
person,  for  such  elector's  vote,  or  the  withholding  there- 
of, or  any  elector  who  shall  receive,  for  himself,  or  for 
another,  any  reward  or  other  valuable  consideration, 
for  his  vote  at  an  election,  or  for  withholding  the  same, 
shall  be  deemed  guilty  of  an  offense,  and  shall  be 
punished  as  prescribed  in  section  twenty- four  of  this 
chapter,  and  shall  also  forfeit  the  right  to  vote  at 
such  election;  and  any  elector  whose  right  to  vote  shall 
be  challenged  for  such  cause,  before  the  election  of- 
ficers, shall  be  required  to  swear  or  affirm  that  the 
matter  of  the  challenge  is  untrue,  before  his  vote  shall 
be  received. 

SEC.  26.  Any  person  who  shall  offer  any  threat  or 
intimidation,  to  any  elector,  for  the  purpose  of  influ- 
encing his  or  her  vote,  or  who  shall  examine  any  bal- 
lot offered  or  cast  at  the  polls,  or  found  in  the  ballot 
box,  for  any  other  purpose  than  to  ascertain  what  can- 
didate has  been  elected,  or  who  votes  more  than  once 
at  any  one  election,  or  knowingly  offers  to  vote  two  or 
more  ballots  at  any  one  time,  or  in  any  manner 
changes,  any  ballot  after  the  same  has  been  deposited 
in  the  box,  or  adds  or  attempts  to  add  any  ballot  to 
those  legally  polled,  shall  be  deemed  guilty  of  an  of- 
fense, and  shall  be  punished  as  hereinbefore  prescribed. 

SEC.  27.  All  ordinances  or  parts  of  ordinances 
superseded  by  or  in  conflict  with  any  of  the  provi- 
sions of  this  chapter,  are  hereby  repealed. 

Approved  December  3,  1880. 


ORDINANCES.  159 


CHAPTER  XVIII. 

RELATING   TO    THE   CITY   ESTRAY   POUND. 

SEC.  1.    Estray  pound  provided  for. 

SEC.  2.    Poundkeeper. 

SEC.  3.    Blank  books  to  be  provided. 

SEC.  4.    Duties  of  Poundkeeper. 

SEC.  5.    Damage  done  by  animals. 

SEC.  6.    Notice  to  be  pdsted. 

SEC.  7.    Estray  animals  provided  for. 

SEC.  8.    Proceeds  of  sales. 

SEC.  9.    Stock  doing  damage  or  at  large. 

SEC.  10.  Account  book  to  be  kept. 

SEC.  11.  Fees. 

SEC.  12.  Obstructing  those  impounding— Penalty. 

SEC.  1.  There  shall  be  provided  and  kept  in  repair 
by  the  City  Council  of  Ogden  City,  a  good  and  substan- 
tial Estray  Pound  within  the  limits  of  the  city. 

SEC.  2.  The  City  Council  shall  appoint  a  Pound- 
keeper,  who  shall  take  an  oath  of  office  conditioned 
for  the  faithful  performance  of  his  duties.  He  shall 
hold  office  for  two  years  unless  sooner  removed  by  the 
City  Council,  or  until  his  successor  is  appointed  and 
qualified. 

SEC.  3.  The  City  Council  shall  provide  suitable 
blank  books  for  the  use  of  the  Poundkeeper,  includ- 
ing a  pound  book,  which  shall  be  open  to  public 
inspection  at  all  reasonable  hours. 

SEC.  4.  The  Poundkeeper  shall  receive  and  take 
good  care  of  all  estray  animals  committed  to  his  charge, 


160  ORDINANCES. 

and  register  them  forthwith  in  his  pound  book.  The 
registration  shall  state  when,  and  from  whom  received, 
where  found,  the  amount  of  damage  done,  if  any,  and 
set  forth  the  kind  of  animal,  color,  stripes,  marks, 
brands,  approximate  age,  and  such  other  description 
as  may  aid  the  owner  to  identify  his  animal.  The 
Poundkeeper  shall  receive  and  file  all  bills  duly  pre- 
sented for  damage  done  by  said  animals;  he  shall  use 
due  diligence  to  find  the  owner  or  owners  of  said  ani- 
mals by  record  of  brands  and  otherwise.  But  he  shall 
not  deliver  any  animal  to  its  owner  or  any  other  per- 
son, until  all  costs  and  the  damage  done  by  said  ani- 
mals are  paid  or  satisfactorily  arranged. 

SEC.  5.  All  damages  done  by  any  animal  shall  be 
forthwith  appraised  by  any  disinterested  citizen,  who 
may  make  a  reasonable  charge  for  such  service,  and 
shall  set  forth  in  said  appraisal,  in  writing,  a  descrip- 
tion of  the  animal,  the  time  and  place  of  damage,  the 
amount  of  damages,  together  with  his  charges,  the 
name  of  the  owner  of  the  animal,  if  known,  and  the 
name  of  the  person  so  damaged,  which  appraisal,  if 
not  paid  or  satisfactorily  arranged  for  by  the  owner,  or 
if  the  owner  be  not  found,  shall,  together  with  the  ani- 
mal, be  delivered  to  the  City  Poundkeeper:  Provided, 
that  if  the  owner  deem  the  appraisal  too  high,  said 
owner  may  choose  another  appraiser,  who,  with  the 
first,  may  make  a  new  appraisal;  or  when  they  cannot 
agree,  they  two  may  choose  a  third,  and  the  three  may 
proceed  to  make  a  final  appraisal. 

SEC.  6.  The  Poundkeeper  shall,  within  twenty- 
four  hours  after  receiving  any  animal,  post  up  in  two 
of  the  most  conspicuous  places  in  the  city,  a  notice 
containing  a  copy  of  the  description  of  said  animal  in 


OBDINANCES.  161 

the  pound  book,  and  stating  that  if  said  animal  be  not 
claimed  and  taken  away  within  five  days  after  said  no- 
tice, it  will  be  advertised  and  sold  at  public  sale  to  the 
highest  responsible  bidder.  And  in  all  cases  where  the 
owner  of  said  animal  is  known  to  him  he  shall  immedi- 
ately notify  such  owner  of  the  same. 

SEC.  7.  The  Poundkeeper  shall  provide  forage  or 
pasturage  for  all  estray  animals  in  his  charge,  or  place 
them  in  the  care  of  some  responsible  person  for  feed- 
ing and  pasturing.  He  shall  advertise  for  sale  all  ani- 
mals remaining  unclaimed  at  the  expiration  of  the  five 
days  mentioned  in  the  preceding  section,  by  posting 
in  this  city  notices  in  two  of  the  most  conspicuous 
places,  and  advertising  once  and  not  more  than  three 
times  in  some  newspaper  having  general  circulation  in 
this  city.  Said  notice  and  advertisement  shall  give  a 
full  and  correct  description  of  the  animals  to  be  sold, 
and  state  the  time  and  place  of  sale,  and  that  if  not 
claimed  and  taken  away  within  ten  days  from  the  date 
of  said  notice  and  advertisement,  he  will  expose  said 
animals  at  public  sale,  and  sell  them  to  the  highest  re- 
sponsible bidder. 

SEC.  8.  The  Poundkeeper,  after  deducting  the 
costs  and  damages,  shall  pay  into  the  City  Treasury 
the  proceeds  of  said  sales,  to  be  held  subject  for  six 
months  to  be  drawn  by  the  former  owners  of  the  ani- 
mals. The  ownership  of  such  animals  to  be  deter- 
mined by  the  Poundkeeper,  who  shall,  on  satisfactory 
evidence  being  presented,  issue  an  order  on  the  Treas- 
urer for  the  amount. 

SEC.  9.  Any  cattle,  horses,  mules,  jacks  or  jen- 
nies, sheep,  goats  or  swine  found  doing  damage  or  run- 
ning at  large  within  the  limits  of  the  City,  are  hereby 


162  ORDINANCES. 

declared  estrays,  and  may  be  taken  up  by  any  person 
and  driven  to  the  City  Pound;  and  said  animals  may 
be  held  by  the  Poundkeeper,  and  sold  as  provided  in 
this  chapter. 

SEC.  10.  The  Poundkeeper  is  hereby  required  to 
keep  in  suitable  books,  and  in  a  legible  manner,  an 
accurate  account  of  all  his  receipts  and  disbursements. 
He  shall  semi-annually,  or  oftener  if  required  by  the 
City  Council,  make  a  full  and  detailed  report  of  his 
proceedings — showing  the  number  of  animals  sold,  the 
amounts  received  therefor,  the  amounts  paid  for  forage, 
pasturage,  advertising  and  expense  of  sales.  He  shall 
pay  into  the  City  Treasury  monthly,  or  as  directed  by 
the  City  Council,  all  funds  in  his  possession  belonging 
to  the  city. 

SEC.  11.  Fees  for  impounding  and  registering 
shall  not  exceed  one  dollar  a  head  for  horses,  mules, 
cattle  or  swine,  nor  ten  cents  for  calves,  goats  or  sheep. 
One-half  of  said  fee  shall  be  paid  into  the  City  Treas- 
ury. Charges  for  feeding  animals  shall  be  governed 
by  the  price  of  forage  and  pasturage  at  the  time  they 
are  fed.  Fees  for  making  enquiries  for  the  owners  of 
the  animals,  shall  not  exceed  a  reasonable  compensa- 
tion therefor. 

SEC.  12.  Any  person  who  shall  attempt  by  force, 
threats  or  intimidation  to  prevent  another  from  driv- 
ing estray  animals  to  the  City  Pound,  or  shall  obstruct 
the  Poundkeeper  in  his  official  duties,  shall  be  liable 
to  be  fined  in  any  sum  not  exceeding  twenty- five  dol- 
lars, or  to  be  imprisoned  for  one  month,  or  both,  for 
each  offense. 

Approved  January  27,  1881. 


ORDINANCES.  163 


CHAPTEE  XIX. 

IN   RELATION   TO  QUARANTINE. 

SEC.  1.  Quarantine  limits. 

SEC.  2.  Board  of  Quarantine. 

SEC.  3.  Duties  of  Quarantine  Board — Infected  persons,  effects  and  prem- 
ises. 

SKC.  4.  Names  of  Quarantine  Physicians  to  be  published — Physicians  and 
nurses  to  report  cases  of  infection,  etc. 

SEC.  5.  Penalty. 

SEC.  1.  The  corporate  limits  of  Ogden  City  and 
twelve  miles  from  said  limits  along  all  railroads  run- 
ning into  the  city,  are  hereby  declared  subject  to  quar- 
antine regulations. 

SEC.  2.  The  Quarantine  Physician  or  Physicians, 
with  the  Mayor,  shall  constitute  the  Board  of  Quaran- 
tine, whose  duty  it  shall  be  to  make  and  enforce  quar- 
antine regulations  within  the  above  quarantine  limits. 
The  compensation  of  said  Quarantine  Physician  or 
Physicians  shall  be  determined  by  the  City  Council. 

SEC.  3.  If  any  person  shall  be  found  infected  with 
small-pox,  or  any  other  contagious  disease,  within  the 
aforesaid  quarantine  limits,  the  Board  of  Quarantine 
shall  cause  him  to-be  removed  forthwith  to  such  place, 
within  said  limits,  as  said  Board  may  direct,  if  in  their 
judgment  the  safety  of  the  public,  or  of  the  person  so 
infected,  shall  render  his  removal  necessary;  or  if  the 
said  Board  shall  deem  it  advisable  for  the  person  so  in- 
fected to  remain  in  his  usual  place  of  abode,  or  in  the 
premises  where  he  was  found  affected,  for  care  and 


164  ORDINANCES. 

treatment,  the  said  Board  shall  compel  the  strict  quar- 
antining of  said  place  by  causing  a  yellow  flag  to  be 
kept  displayed  conspicuously  upon  such  premises 
during  the  period  of  danger,  by  giving  notice  in  the 
most  public  manner  practicable  that  said  premises  are 
infected,  and  by  regulating  or  prohibiting  ingress  and 
egress  to  and  from  said  premises,  until  all  danger  from 
infection  therein  shall  have  ceased,  and  said  premises 
shall  have  been  thoroughly  disinfected.  If  the  effects 
of  any  person  shall  be  found  in  a  condition  liable  to 
engender  any  contagious  disease,  the  same  shall,  at  the 
discretion  of  the  Board,  be  removed  or  destroyed  at 
the  expense  of  the  owner  thereof.  And  in  the  event  of 
the  removal  of  any  infected  person,  the  premises  from 
which  he  is  removed  and  the  household  exposed  to  in- 
fection shall  be  strictly  quarantined  until  all  danger 
from  infection  shall  have  passed,  and  such  measures 
for  the  purification  of  said  premises  shall  have  been 
taken  as  in  the  judgment  of  the  Board  shall  be  neces- 
sary. 

SEC.  4.  The  name  of  the  Quarantine  Physician 
shall  be  published  during  the  continuance  of  the  con- 
tagion, in  some  newspaper  printed  in  Ogden  City.  All 
physicians  or  other  persons  attending  upon  the  sick, 
having  a  knowledge  of  the  existence  of  any  malignant 
contagious  disease,  within  the  aforesaid  quarantine 
limits,  are  hereby  required  to  report  the  same  forthwith 
to  a  member  of  the  Board  of  Quarantine.  Any  physi- 
cian, nurse  or  other  person  exposed  to  such  contagious 
disease,  is  hereby  forbidden  to  mingle  with  or  be  in 
the  presence  of  others  not  affected  with  the  contagion, 
in  such  clothing  as  may  have  been  used  where  there 
was  such  disease,  or  to  otherwise  expose  any  person  to 
such  contagion. 


ORDINANCES.  165 

SEC.  5.  Any  person  neglecting  or  refusing  to  com- 
ply with  the  foregoing  requirements,  or  with  any  reg- 
ulations made  by  the  Board  of  Quarantine,  shall  be 
liable  to  a  fine  not  exceeding  one  hundred  dollars,  or 
imprisonment  not  exceeding  six  months,  or  both. 

Approved  January  27,  1881. 


CHAPTER  XX. 

IN   RELATION  TO  WATER,  WATER   DITCHES 
AND   CULVERTS. 

SEC.  1.    Suitable  ditches  to  be  made. 

SEC.  2.    Box  culverts. 

SEC.  3.    Allotment  of  water. 

SEC.  4.    Overflowing. 

SEC.  5.    Sluiceways. 

SEC.  6.    Ditches  to  be  kept  in  repair. 

SEC.  7.    Delinquents  assessed. 

SEC.  8.    Fine. 

SEC.  9.    Ditches  across  public  roads. 

SEC.  10.  Infringements. 

SEC.  11.  Ditches  in  private  grounds. 

SEC.  1.  All  owners  or  occupants  of  lots  in  Ogden 
City,  requiring  water  from  a  main  ditch  for  irrigation 
or  other  purposes,  are  hereby  authorized  and  required 
to  dig  suitable  ditches  to  convey  the  water  across  the 
sidewalks,  to  or  from  their  respective  lots. 

SEC.  2.  All  persons  having  ditches  across  the 
sidewalks  to  or  from  their  respective  lots,  are  hereby 
required  to  make  good  box  culverts  and  keep  them  in 
repair,  the  covering  of  the  culverts  to  be  on  the  same 
grade  as  the  sidewalks,  and  to  put  suitable  water-tight 


166  ORDINANCES. 

gates  at  the  ditch  entrance  of  the  culverts;  and  when 
their  times  for  irrigating  expire  they  shall  securely 
close  said  gates. 

SEC.  3.  All  persons  using  ditch  water  on  their 
lots,  during  the  period  when  it  is  allotted  by  the  water- 
masters,  and  after  official  notice  of  said  allotment,  at 
any  time  or  in  any  quantity  not  so  allotted  to  them, 
shall  be  liable  to  a  fine  in  any  sum  not  exceeding 
lifty  dollars. 

SEC.  4.  All  persons  having  ditches  running  in 
front  of  their  lots,  between  the  street  and  sidewalk,  or 
having  ditches  in  their  lots,  are  hereby  required  to  so 
make  and  maintain  said  ditches  that  the  water  shall 
not  flow  therefrom  to  the  injury  of  said  streets  or 
sidewalks,  or  to  the  waste  of  said  water  during  any 
period  of  its  allotment  for  irrigation. 

SEC.  .5.  All  persons  desiring  to  place  dams  or^ 
sluiceways  in  the  water  ditches,  are  hereby  required  to 
obtain  permission  from  and  construct  them  under  the 
direction  of  the  Water  Master  having  jurisdiction,  and 
to  keep  them  in  proper  order,  as  provided  for  in  the 
fourth  section  of  this  chapter. 

SEC.  6.  All  owners  of  city  lots,  or  parts  of  city 
lots  or  farming  lands,  within  the  limits  of  Ogden  City, 
are  hereby  required  to  make  and  keep  in  repair  the 
ditches  opposite  their  lots,  or  parts  of  lots,  or  farming 
lands. 

SEC.  7.  When  it  is  necessary  to  make  and  repair 
ditches,  to  convey  water  for  irrigation  and  other  pu  r- 
poses,  it  shall  be  the  duty  of  the  Water  Master  to  giv  e 


OEDINANCES.  167 

to  the  persons  concern  el  therein  reasonable  notice  of 
the  time  and  place  such  work  is  to  be  done,  and  it 
shall  be  the  duty  of  such  persons  to  make  their  pro- 
portions of  said  ditches,  or  the  repairs  thereon,  and  in 
case  of  refusal  or  neglect  to  comply  with  said  notice  of 
the  Water  Master  having  jurisdiction,said  Water  Master 
is  hereby  empowered  to  have  the  necessary  work  done, 
and  the  cost  of  said  work  shall  be  assessed  proportion- 
ately to  the  farming  lands,  lots  or  parts  of  lots  of  said 
delinquents  benefited  by  said  water,  and  the  amount 
thereof  shall  be  a  lien  upon  said  land,  lots  or  parts  of 
lots,  the  same  as  city  taxes. 

SEC.  8.  All  persons  so  using  water  as  to  cause,% 
through  their  failure  or  neglect,  damage  to  any  lot, 
street,  sidewalk,  ditch,  bridge,  or  other  property,  shall 
be  liable  to  a  fine  in  any  sum  not  exceeding  fifty  dol- 
lars for  such  offense,  and  to  pay  all  damages  accruing 
thereby. 

SEC.  9.  All  persons  are  hereby  forbidden  to  run 
water  or  dig  ditches  across  any  of  the  public  roads  or 
streets  within  the  limits  of  this  corporation,  for  the 
purpose  of  conveying  water  for  irrigation  or  other  pur- 
poses, unless  they  bridge,  pave  or  enclose  the  same 
under  the  direction  of  the  Street  Supervisor. 

SEC.  10.  The  Water  Master  having  jurisdiction  is 
hereby  required  to  notify  all  persons  infringing  upon 
the  provisions  of  this  chapter;  and,  upon  their  refusing 
to  comply  with  its  requirements,  he  shall  report  them 
and  their  infringements  to  the  Mayor  or  any  Alderman 
of  this  city,  who  shall  cause  the  offenders  to  be 
brought  before  him,  and,  upon  conviction,  they  shall 
be  liable  to  a  fine  in  any  sum  not  exceeding  twenty- five 


1C8  ORDINANCES. 

dollars  for  each  offense,  and  to  pay  all  damages  that 
may  accrue  therefrom. 

SEC.  11.  In  cases  where  persons  are  obliged  to 
convey  water  across  grounds  between  their  premises 
and  a  public  water  ditch,  which  they  are  hereby  au- 
thorized to  do,  they  are  hereby  required  to  do  so  under 
the  direction  of  the  City  Water  Master,  and  with  the 
least  possible  injury  to  the  said  property  and  owners 
thereof,  both  in  digging  the  requisite  ditches  and  in 
managing  the  water  therein;  and  for  failure  or  neglect 
hi  so  doing  they  shall  be  liable  to  pay  all  damages 
caused  thereby.  When  public  water  ditches  pass 
through  private  grounds,  the  right  of  way  therefor  is 
hereby  guaranteed  subject  to  the  provisions  herein  pre- 
scribed. Any  person  having  the  right  to  use  water 
therefrom  is  hereby  authorized  to  pass  along  said 
ditches,  as  occasion  may  require,  during  the  time  said 
person  holds  said  right;  said  passing  to  be  under  the 
supervision  of  the  Water  Master  having  jurisdiction. 

Approved  January  27,  1881. 


ORDINANCES.  169 


CHAPTER  XXL 

RELATING  TO  THE  KEEPING  AND  DISPOSING   OF 

GUNPOWDER   AND   OTHER  EXPLOSIVE 

MATERIALS. 

SEC.  1.  Dealers  must  be  licensed. 

SEC.  2.  Retail  dealers  defined— Restriction. 

SEC.  3.  In  relation  to  purchasers. 

SEC.  4.  How  much  may  be  kept  by  others. 

SEC.  5.  Sign  to  be  displayed. 

SEC.  6.  Quantity  to  be  conveyed. 

SEC.  7.  Penalty. 

SEC.  1.  No  person  shall  be  permitted  to  engage 
in  the  business  of  handling,  selling  or  otherwise  dis- 
posing of  gunpowder,  gun  cotton,  nitro-glycerine, 
dynamite  or  other  explosive  substances  in  this  city  ex- 
cept in  the  manner  and  upon  the  terms  prescribed  in 
this  chapter.  Those  who  keep  on  hand  or  sell  any  of 
said  articles  in  greater  quantities  than  is  hereinafter 
prescribed  for  retail  dealers  shall  be  deemed  wholesale 
dealers,  and  before  beginning  such  business  must  pro- 
cure a  license  from  the  City  Council  and  pay  therefore 
the  sum  of  five  dollars  per  quarter.  They  shall  keep 
all  such  substances,  except  when  transporting  them 
in  the  regular  course  of  business,  in  a  magazine  of  such 
construction  and  in  such  location  as  shall  be  prescrib- 
ed by  the  City  Council;  and  in  so  transporting  them  no 
unnecessary  delay  shall  be  allowed  and  all  possible 
care  shall  be  taken. 

SEC.  2.  Retail  dealers  must  obtain  a  license  from 
the  City  Council  and  pay  therefor  the  sum  of  two  dol- 


170  OKD1NANCES. 

lars  per  quarter.  They  may  conduct  such  business  in 
any  part  of  the  city,  provided  the  location  selected  be 
not  deemed  unsafe  by  the  City  Council.  Such  dealers 
shall  not  at  any  time  keep  on  hand  more  than  fifty 
pounds  of  gunpowder,  and  the  same  must  be  stored  as 
far  away  from  fires  and  artificial  lights,  of  whatever 
nature,  as  possible,  and  no  person  shall  handle  or  in 
any  manner  dispose  of  such  gunpowder  except  by  the 
light  of  day,  unless  the  same  be  in  canisters,  se- 
curely sealed. 

SEC.  3.  Purchasers  of  powder  at  magazines,  other 
than  retail  dealers,  must  not  permit  the  article  or  arti- 
cles purchased  to  be  kept  or  stored  in  any  part  of  the 
city,  but  if  it  be  necessary  to  convey  the  same  through 
any  of  the  streets,  no  greater  delay  than  is  actually 
necessary  must  take  place  in  conveying  it  beyond  the 
city  limits. 

SEC.  4.  No  pers9n  other  than  wholesale  or  retail 
dealers  shall  be  allowed  to  have  on  hand  for  his  own 
or  others'  use,  in  any  part  of  this  city,  a  greater  quan- 
tity of  gunpowder  than  one  pound,  and  none  of  the 
other  explosives  herein  mentioned  whatever. 

SEC.  5.  It  shall  be  the  duty  of  every  person  or 
firm  to  whom  such  license  herein  referred  to  shall  be 
granted,  to  keep  a  sign  in  a  conspicuous  place  at  the 
front  of  his  place  of  business,  to  wit,  the  word  "Gun- 
powder," in  printed  or  painted  capital  letters,  of  a 
large  size. 

SEC.  6.  No  person  shall  convey  or  carry  any  of 
the  explosive  substances  herein  mentioned  in  quantity 
exceeding  one  pound,  through  any  street  or  alley  in 


ORDINANCES.  171 

the  city,  unless  the  same  be  secured  in  tight  canisters 
or  kegs,  so  as  to  prevent  the  same  from  being  spilt  or 
scattered,  and  in  no  quantity  exceeding  one  hundred 
pounds,  except  under  the  direction  of  a  police  officer. 

SEC.  7.  Any  person  violating  any  of  the  provis- 
ions of  this  chapter  shall  be  liable  to  a  fine  in  any  sum 
not  exceeding  one  hundred  dollars  for  each  offense. 

Approved  January  31,  1881. 


CHAPTER  XXII. 

KELATING  TO  PAWNBROKERS. 

SEC.  1.  Good  character  required. 

SEC.  2.  Bond— Sureties. 

SEC.  3.  Accounts  to  be  kept. 

SEC.  4.  Note  to  be  given. 

SEC.  5.  Books  to  be  open  to  inspection. 

SEC.  6.  Fine. 

SEC.  7.  Sale  of  pawns. 

SEC.  8.  Notice  of  sale. 

SEC.  9.  Surplus  money. 

SEC.  10.  Shall  not  purchase  second-hand  articles  offered  as  a  pawn. 

SEC.  11.  From  whom  to  take  nothing  in  pawn. 

SEC.  12.  Penalty. 

SEC.  1.  All  persons  before  receiving  license  as 
pawnbrokers  shall  produce,  to  the  Mayor  or  City 
Council,  satisfactory  evidence  of  their  good  character 
and  fitness  to  engage  in  or  carry  on  such  business. 

SEC.  2.    Every  person  so  licensed  shall,  at  the 


172  ORDINANCES. 

time  of  receiving  such  license,  give  bonds  with  two 
sureties,  to  the  acceptance  of  the  City  Recorder,  in  the 
sum  of  two  hundred  and  fifty  dollars,  conditioned  for 
the  due  observance  of  all  ordinances  passed  by  the  City 
Council,  or  in  force  respecting  pawnbrokers,  at  any 
time  during  the  continuance  of  such  license,  and  shall 
keep  posted  up  in  his  place  of  business  a  copy  of  all 
ordinances  of  the  city  relating  to  pawnbrokers. 

SEC.  3.  Every  pawnbroker  shall  keep  a  book,  in 
which  shall  be  clearly  written,  at  the  time  of  each  loan, 
an  accurate  account  or  description  of  the  goods,  article 
or  thing  pawned,  the  amount  of  money  loaned  there- 
on, the  time  of  pledging  of  the  same,  the  rate  of 
interest  to  be  paid  on  such  loan,  and  the  name  and 
residence  of  the  person  pawning  or  pledging  the  said 
goods,  article  or  thing. 

SEC.  4.  Every  pawnbroker  shall,  at  the  time  of 
each  loan,  deliver  to  the  person  pawning  or  pledging 
any  goods,  article  or  thing,  -a  memorandum  or  note 
signed  by  him,  containing  the  substance  of  the  entry 
required  to  be  made  in  his  book  by  the  last  preceding 
section,  and  no  charge  shall  be  made  or  pay  received 
by  any  pawnbroker  for  any  such  entry,  memorandum 
or  note. 

SBC.  6.  The  said  book  shall,  at  all  reasonable 
times,  be  open  to  the  inspection  of  the  Mayor,  Record- 
er or  Aldermen  of  the  city,  or  of  any  person  who  shall 
be  duly  authorized  in  writing  for  that  purpose,  by 
either  of  them,  and  who  shall  exhibit  such  written 
authority  to  such  pawnbrokers. 

SEC.  6.    Every  pawnbroker  who  shall  violate,  or 


ORDINANCES.  173 

neglect,  or  refuse  to  comply  with  any  or  either  of  the 
provisions  of  the  second,  third,  fourth  or  fifth  sections 
of  this  chapter,  shall,  on  conviction  thereof,  be  liable 
to  a  fine  in  any  sum  not  exceeding  fifty  dollars  for  any 
such  offense. 

SEC.  7.  No  pawnbroker  shall  sell  any  pawn  or 
pledge  until  the  same  shall  have  remained  three 
months  in  his  possession,  and  all  such  sales  shall  be  at 
public  auction  and  not  otherwise,  and  shall  be  made  or 
conducted  by  such  auctioneer  as  shall  be  approved  of, 
for  that  purpose,  by  the  Mayor. 

SEC.  6.  Notice  of  every  such  sale  shall  be  pub- 
lished, for  at  least  five  consecutive  days  previous  there- 
to, in  one  or  more  of  the  daily  newspapers  having 
general  circulation,  printed  in  Ogden  City;  and  such 
notice  shall  specify  the  time  and  place  at  which  such 
sale  is  to  take  place,  the  name  of  the  auctioneer  by 
whom  the  sale  is  to  be  conducted,  and  a  list  of  the 
goods  or  articles  to  be  sold. 

SEC.  9.  The  surplus  money,  if  any,  arising  from 
such  sale,  after  deducting  the  expense  of  said  sale,  the 
amount  of  the  loan  and  the  interest  due  on  the  same, 
shall  be  paid  over  by  the  pawnbroker  to  the  person 
who  would  be  entitled  to  redeem  the  pledge  in  case  no 
such  sale  had  taken  place  :  Provided,  such  person  can- 
not be  found  and  does  not  apply  for  said  surplus 
money  within  three  months  from  the  date  of  sale,  then 
it  shall  revert  to  the  public  school  fund  of  the  First 
School  District  of  Weber  County. 

SEC.  10.  No  pawnbroker  shall, under  any  pretense 
whatever,  purchase  or  buy  any  second-hand  furniture, 


174  ORDINANCES. 

metals  or  cloths,  or  any  other  article  or  anything  what- 
ever, offered  to  him  as  a  pawn  or  pledge. 

SEC.  11.  No  pawnbroker  shall  receive  any  goods, 
article  or  thing,  in  pawn  or  pledge,  of  a  person  who  is 
intoxicated,  and  known  to  be  a  habitual  drunkard,  a 
thief  or  an  insane  person,  or  on  being  notified  in  writ- 
ing by  any  responsible  person  of  the  character,  habits 
or  condition  of  such  person  or  persons;  nor  shall  said 
pawnbroker  receive  a  pawn  or  pledge  of  any  person 
under  sixteen  years  of  age. 

SEC.  12.  Every  pawnbroker  who  shall  violate,  or 
neglect,  or  refuse  to  comply  with  either  of  the  pro- 
visions of  the  seventh,  eighth,  ninth,  tenth  and 
eleventh  sections  of  this  chapter,  shall,  for  every  such 
offense,  forfeit  and  pay  a  sum  not  exceeding  one  hun- 
dred dollars  into  the  City  Treasury. 

Approved  January  27,  1881. 


CHAPTER  XXIII. 

RELATING  TO  RAILROADS. 

SEC.  1.  Regulations. 

SBC.  2.  Bridges,  etc.— Grades. 

SEC.  3.  Obstructions. 

SEC.  4.  Crossing  tracks. 

SEC.  5.  Speed. 

SEC.  6.  Rights  reserved. 

SEC.  1.  All  railroad  companies  who  have  con- 
structed, or  hereafter  may  construct  a  railroad,  or  any 
railroads,  within  the  limits  of  Ogden  City,  shall  be 


OKDINANOES.  175 

subject  to  the  following  regulations.  All  such  com- 
panies or  the  grantees  thereof  shall,  at  their  own  ex- 
pense, construct  and  keep  in  good  repair  all  water  sects, 
drains,  sewers,  street  crossings  or  receiving  basins,  and 
all  fixtures  connected  therewith,  and  the  distribution  of 
water  in  said  city  as  may  be  affected  thereby.  The 
construction,  alterations  and  repairs  to  be  done  under 
the  direction  of  the  City  Water  Master,  subject  to  the 
approval  of  the  City  Council. 

SEC.  2.  It  shall  especially  be  incumbent  on  all 
railroad  companies,  at  their  own  expense,  to  construct 
arches  and  bridges  for  all  the  cross  streets,  now  or 
hereafter  to  be  made,  which  will  be  intersected  by  the 
embankments  or  excavations  of  their  railroads,  and  al- 
so to  make  such  embankments  or  excavations  as  in 
the  opinion  of  the  City  Council  may  be  required  to 
make  the  passage  over  the  railroad  and  embankments 
easy  and  convenient  for  all  the  purposes  for  which 
streets  are  usually  used,  and  also  such  drains  and 
sewers  as  their  embankments  and  excavations  may 
make  necessary.  And,  further,  said  companies  shall 
make  their  railroad  paths  conform  to  what  is  or  may 
hereafter  be  the  regulation  or  grade  of  the  street  or 
place  through  which  their  railroads  pass;  and  no  com- 
pany shall  have  the  right  to  take  up,  remove,  carry 
away,  or  cause  or  permit  to  be  taken  up,  removed  or 
carried  away,  any  rock,  gravel,  earth  or  other  material 
from  any  street  or  public  place,  for  making  embank- 
ments, grades  or  for  any  other  purpose,  except  by 
permission  of  the  City  Council,  and  under  the  direction 
of  the  Street  Supervisor. 

SEC.  3.  If  at  any  time  after  the  construction  of 
any  railroad  it  shall  appear  to  the  City  Council  that  any 


176  ORDINANCES. 

part  thereof  shall  constitute  an  obstruction  or  impedi- 
ment to  the  ordinary  use  of  any  street  or  place,  or  be 
run  contrary  to  the  regulations  of  the  city,  the  said 
railroad  company  or  the  officers  thereof  shalloon  the 
requisition  of  the  City  Council,  forthwith  provide  a 
remedy  for  the  same,  satisfactory  to  said  Council;  or, 
if  they  fail  to  find  such  remedy,  they  shall,  within  one 
month  after  such  requisition,  proceed  to  remove  such 
railroad  obstruction  or  impediment,  and  to  replace  the 
street  or  place  in  as  good  condition  as  it  was  before  the 
said  railroad  was  laid  down;  and  should  the  said  com- 
pany or  officers  neglect  or  refuse  to  obey  such  requisi- 
tion, the  City  Council  may,  upon  the  expiration  of  the 
time  limited  in  such  notice,  cause  the  obstruction  or 
impediment  to  be  removed,  and  the  street  or  place  to 
be  restored,  as  aforesaid,  at  the  expense  of  the  said 
railroad  company. 

SEC.  4.  Nothing  in  any  ordinance  or  resolution 
granting  the  right  of  way  or  franchise  for  a  railroad, 
shall  be  construed  to  prohibit  any  other  railroad 
company  from  crossing  any  railroad  track  already  laid, 
and  when  any  railroad  shall  intersect  or  cross  any 
other  railroad,  the  rails  shall  be  so  cut  or  altered  as  to 
permit  the  cars  to  pass  without  obstruction;  and  any 
person  wilfully  obstructing  any  railroad  herein  pro- 
vided for,  shall,  on  conviction  thereof,  be  liable  to  a 
fine  in  any  sum  less  than  three  hundred  dollars,  or  to 
imprisonment  not  exceeding  six  months,  or  both. 

SEC.  5.  The  tracks  of  all  railroads  hereafter  con- 
structed, shall  be  laid  in  the  centre  of  the  streets,  un- 
less otherwise  directed  by  the  City  Council,  and  all 
trains  running  therein  are  hereby  prohibited  from  run- 
ning at  a  greater  speed  than  eight  miles  per  hour;  and 


ORDINANCES.  177 

the  bells  on  locomotives  in  motion  shall  in  all  cases  be 
rung  continuously  in  the  inhabited  portions  of  the  city; 
and  all  trains  are  required  to  come  to  a  full  stop  before 
crossing  any  other  line  of  railroad,  and  at  a  distance  of 
not  less  than  ten  feet  therefrom;  and  when  two  trains 
arrive  at  the  same  crossing  simultaneously,  the  train 
on  the  first  constructed  track  shall  have  precedence  in 
crossing;  and  no  train,  engine  or  cars  shall  be  allowed 
to  stand  in  the  street  or  upon  the  sidewalks  or  cross- 
ings, to  obstruct  ordinary  travel  thereon,  or  admittance 
to  or  from  the  offices  or  depot  grounds  of  such  railroad 
company;  but  whenever  it  may  be  necessary  for  any 
train  to  become  stationary  for  the  purpose  of  discharg- 
ing passengers,  freight  or  otherwise,  the  railroad  com- 
panies shall  open  their  trains  at  the  crossing  of  every 
street  over  the  railroad  track  or  ^depot  grounds.  Any 
violation  of  this  section  by  any  officer  in  charge  of,  or 
having  control  of,  any  such  train,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  be  liable  to  a  fine  of  not 
more  than  three  hundred  dollars  for  every  such  of- 
fense. 

SEC.  6.  The  right  of  regulating  railroads  and  the 
speed  of  cars  shall  not,  by  virtue  of  any  grant  or  con- 
tract, be  construed  to  mean  that  such  right  passes  to 
the  grantee;  but  such  rights,  together  with  all  other 
powers  vested  in  said  Council  for  the  regulating,  con- 
trolling or  removing  of  railroads  within  the  city,  are 
expressly  retained  and  reserved. 

Approved  January  27,  1881. 


12 


178  ORDINANCES. 


CHAPTER  XXIV. 

IN   RELATION  TO  DRUGS   AND  MEDICINES. 

SEC.  1.    Drugs  and  medicines  to  be  labeled — Prescriptions  to  be  filed. 
SEC.  2.    Register  to  be  kept— Nature  of. 
SEC.  3.    Penalty. 

SEC.  1.  All  phy sic ians, druggists, apothecaries  and 
other  persons  who  prepare  and  put  tip  drugs  and  med- 
icines in  this  city,  are  hereby  required  to  label  the  same 
with  an  adhesive  label,  on  which  shall  be  written  or 
printed,  in  a  legible  manner,  in  the  English  language, 
the  names  of  such  drugs  and  medicines.  All  prescrip- 
tions given  by  any  person  for  drugs  and  medicines, 
shall  be  written  in  the  English  language,  shall  contain 
the  name  of  the  person  .prescribed  for,  and  'be  dated 
and  signed  by  the  person  prescribing;  and  all  such 
prescriptions  shall  be  filed  and  carefully  preserved  for 
future  reference  by  the  person  who  fills  them. 

SEC.  2.  All  physicians,  druggists,  apothecaries  or 
other  persons  who  prepare  and  put  up  drugs  and  med- 
icines, are  hereby  required  to  keep  a  register,  in 
which  shall  be  recorded,  in  a  legible  manner,  the  names 
and  places  of  residenceof  all  persons  who  may  purchase 
any  deadly  poison.  The  name  of  the  poison  purchased 
shall  be  legibly  written  or  printed  in  the  English 
language  on  an  adhesive  label,  which  shall  be  con- 
spicuously placed  on  the  bottle,  vessel  or  package 
containing  such  poison;  and  in  addition  the  word 
"Poison"  shall  be  plainly  written  or  printed  on  such 
label. 


ORDINANCES.  179 

SEC.  3.  Any  person  violating  any  provision  of 
this  chapter,"  shall  be  liable,  on  conviction,  for  each 
offense,  to  a  line  in  any  sum  not  exceeding  one  hundred 
dollars,  or  imprisonment  not  exceeding  one  hundred 
days,  or  both. 

Approved  January  27,  1881. 


CHAPTER  XXV. 

RELATING    TO     BUTCHERING    AND    SLAUGHTER-HOUSES. 

SEC.  1.  License  to  be  obtained. 

SEC.  2.  Manner  of  obtaining  license— Price  of  same. 

SEC.  3.  Record  to.be  kept. 

SEC.  4.  Cleansing. 

SEC.  5.  Examining  books. 

SEC.  6.  Fine. 

SEC.  1.  It  shall  not  be  lawful  for  any  person  to 
erect  any  slaughter-house  or  yard,  or  engage  in  the 
business  of  butchering  within  the  limits  of  Ogden  City 
without  first  obtaining  a  license  therefor,  nor  at  any 
place  or  places  other  than  such  as  may  be  designated 
by  the  City  Council  of  the  city. 

SEC.  2.  Applications  for  license,  under  the  pro- 
visions of  this  chapter,  shall  be  made  to  the  Mayor 
and  City  Council  in  writing,and  licenses  shall  be  issued 
and  signed  by  the  Mayor  or  presiding  officer  of  the 
City  Council,  and  attested  by  the  City  Recorder,  under 
the  corporate  seal,  on  the  payment  into  the  City  Treas- 
ury, by  the  person  so  licensed,  of  the  sum  of  twelve 
dollars  per  annum  in  advance. 


180  ORDINANCES. 


SEC.  3.  All  persons  licensed  as  butchers  in  Ogden 
City  shall  keep  books  in  which  they  shall  record  a 
faithful  description  of  the  age,  size  and  color  of  all 
animals  by  them  killed,  with  the  brands  and  ear  marks 
thereon,  together  with  the  name  of  the  person  from 
whom  received  and  the  time  when  killed;  which  book 
shall  be  open  to  the  inspection  of  the  public. 

SEC.  4.  All  persons  engaged  in  the  business  of 
butchering  within  the  limits  of  this  city  are  hereby  re- 
quired to  thoroughly  cleanse  their  slaughter-houses 
and  yards  once  every  twenty- four  hours,  and  to  re- 
move from  their  premises  and  deposit  all  offal  in  such 
manner  and  at  such  place  or  places  as  may  be  desig- 
nated by  the  City  Marshal  or  his  deputy. 

SEC.  5.  It  shall  be  the  duty  of  the  City  Marshal 
or  his  deputy  (as  often  as  may  be  deemed  necessary) 
to  visit  the  slaughter-houses  within  the  limits  of  this 
city,  to  examine  the  books  and  see  that  a  faithful  re- 
cord is  mide  of  all  animals  killed,  and  that  the  slaugh- 
ter-houses are  thoroughly  cleansed,  as  provided  in  sec- 
tion four  of  this  chapter. 

SEC.  6.  Any  person  violating  the  provisions  of 
this  chapter  shall  be  liable  to  a  fine  in  any  sum  not 
more  than  one  hundred  dollars,  and  on  a  second  con- 
viction in  addition  thereto  his  license  may  be  declared 
forfeited. 

Approved  January  27,  1881. 


OKDINANCES.  181 


CHAPTER  XXVI. 

NUISANCES. 

SEC.  1.  Nuisances  defined. 

SEC.  2.  Dead  animals,  unsound  provisions,  etc. 

SEC.  3.  Dead  animals,  putrid  meat  and  fish  to  be  buried. 

SEC.  4.  "When  abated  at  the  expense  of  the  city. 

SEC.  5.  Penalty— Notification. 

SEC.  1.     A  nuisance  is  an  offense  against  the  order, 
economy  or  health  of  the  city. 

SEC.  2.  If  any  person  shall  cast  or  leave  exposed 
in  any  street,  avenue,  highway,  alley,  lot,  public 
ground  or  water  course,  within  the  city,  the  carcass  of 
any  dead  animal,  or  any  unsound  meat,  fish,  or  other 
substance,  or  permit  the  same  to  be  done  with  his  con- 
sent, or  shall  make,  use,  keep  or  permit  in  his 
dwelling  house,  shop,  store,  factory,  out-house,  cellar, 
yard,  lot  or  any  other  place  within  the  city,  any  nox- 
ious or  offensive  liquid  or  substance,  prejudicial  to  the 
health  of  the  citizens  or  an  annoyance  to  any  person, 
or  shall  throw  any  filth,  offal  or  other  offensive  mat- 
ter into  any  street,  avenue,  highway,  public  ground, 
alley,  lot  or  water  course,  in  the  city,  or  shall  permit 
or  cause  the  same  to  run  into  any  street,  avenue,  high- 
way/public  ground,  alley,  lot  or  watercourse,  such  per- 
son shall  be  deemed  guilty  of  committing  a  nuisance, 
and,  on  conviction  thereof,  shall  be  fined  in  any  sum 
not  exceeding  twenty-five  dollars  for  every  such  offense, 
and  shall  be  subject  to  a  like  penalty  for  each  and 
every  day  the  same  is  permitted  to  remain  in  such 


182  ORDINANCES. 

place,  after  such  person  shall  have  been  notified  to  re- 
move the  same  or  shall  have  been  convicted  of  com- 
mitting the  same. 

SEC.  3.  All  dead  animals,  putrid  meat,  fish, 
etc.,  shall  be  buried  by  the  owner  thereof,  at  a  distance 
from  any  watercourse  not  less  than  forty  feet,  and  at  a 
depth  below  the  surface  of  the  ground  not  less  than 
two  feet. 

SEC.  4.  Whenever  the  carcass  of  any  dead 
animal  or  other  offensive  substance,  injurious  to  the 
health  of  the  public  or  persons  in  its  vicinity,  is  found 
upon  any  ground  or  in  any  place,  for  the  removal  or 
abatement  of  which  no  person  can  be  found  liable,  it 
shall  be  the  duty  of  the  Marshal  to  remove  or  abate 
the  same  at  the  expense  of  the  city. 

SEC.  5.  Any  owner  or  occupant  of  any  soap  fac- 
tory, tannery,  distillery,  livery  stable,  cattle-yard  or 
shed,  barn,  packing  house,  slaughtering  house,  hide- 
house,  skinning  or  rendering  establishment  or  other 
place  in  this  citv,  who  shall  suffer  or  permit  the  same 
to  become  nauseous,  foul  or  offensive,  and  detrimental 
to  the  health  of  the  citizens  residing  or  passing  in  the 
vicinity  of  such  place,  shall  be  deemed  guilty  of  a 
nuisance,  and  on  conviction  thereof  shall  be  fined  in 
any  sum  not  exceeding  twenty-five  dollars.  But  no 
prosecution  shall  be  made  under  the  provisions  of  this 
section  until  the  Marshal  shall  have  first  notified  such 
person  to  abate  such  nuisance. 

Approved  January  27, 1881. 


ORDINANCES.  183 


CHAPTEK  XXVII. 

CITY  PRISONERS. 

SEC.  1.  Prisoners  to  be  kept  at  hard  labor. 

SEC.  2.  Prisoners  to  be  in  charge  of  Street  Supervisor  or  his  deputy — 
Shackles. 

SEC.  3.  Discharge  of  prisoners. 

SEC.  1.  All  persons  who  may  hereafter  be  con- 
fined in  the  city  jail,  because  of  non-payment  of  any 
fine  and  costs  imposed  for  the  violation  of  any  ordi- 
nance of  this  city,  may  be  kept  at  hard  labor  during 
confinement,  and  such  labor  shall  be  performed  on  the 
public  streets  of  this  city  or  on  or  about  the  public 
grounds  or  works  elsewhere  within  the  city,  as  the 
Mayor  or  City  Council  may  in  each  case  determine 
shall  best  promote  the  public  interest,  regard  being  had 
to  the  age,  sex  and  condition  of  the  prisoner.  In  like 
manner  all  persons  sentenced  to  a  term  of  imprisonment 
for  the  violation  of  any  ordinance  of  this  city,  may  be 
kept  at  hard  labor. 

SEC.  2.  Prisoners  put  to  labor  on  the  streets  or 
elsewhere  shall  be  in  charge  of  the  Street  Supervisor 
or  his  deputy.  Any  prisoner  while  at  labor  as  afore- 
said, without  ball  and  chain,  who  shall  attempt  or 
threaten  to  escape,  or  shall  offer  resistance  to  the  officer 
in  charge  of  him,  or  shall  refuse  to  obey  the  reasonable 
command  of  such  officer  with  reference  to  such  labor, 
may  be  shackled  or  ironed  by  such  officer.  No  vio- 
lence shall  be  used  towards  any  prisoner,  unnecessarily, 
but  if  any  prisoner  shall  refuse  to  labor,  such  prisoner 


184  ORDINANCES. 

shall  be  kept  confined  and  fed  on  bread  and  water  only, 
until  otherwise  ordered  by  the  Mayor  or  any  Alderman. 

SEC.  3.  When  any  person  so  confined  and  kept 
at  hard  labor  shall,  at  one  dollar  per  day,  have  earned 
an  amount  equal  to  the  fine  and  costs  imposed  and  due, 
the  Street  Supervisor  or  his  deputy  shall  so  inform  the 
Mayor  or  Alderman  who  committed  such  person,  and 
the  said  Mayor  or  Alderman  shall  thereupon  discharge 
the  prisoner. 

Approved  January  27,  1881. 


CHAPTER  XXVIII. 

RIDING  AND  DRIVING  OVER  OGDEN    AND  WEBER 
BRIDGES. 

SEC.  1.  Regulations. 

SEC.  2.  Sign,  etc.,  forbidden. 

SEC.  3.  Route  to  be  taken. 

SEC.  4.  Penalty. 

SEC.  1.  No  person  shall  be  allowed  to  ride  or 
drive  any  animal  faster  than  a  walk  across  the  bridge- 
over  Ogden  River  on  Main  Street,  or  the  bridge 
over  Weber  River,  nor  to  drive  upon  said  bridges  more 
than  thirty  head  of  cattle,  horses  or  mules  at  the  same 
time,  nor  to  drive  horses,  cattle  or  mules  upon  said 
bridges  for  the  purpose  of  corralling  or  catching  the 
same. 


ORDINANCES.  185 

SEC.  2.  All  persons  are  hereby  forbidden  to  pnt 
upon  said  bridges  any  sign,  bulletin  board  or  adver- 
tisement. 

SEC.  3.  All  persons  driving  any  conveyance  over 
said  bridges  are  required  to  take  the  right  hand  track 
in  every  case. 

SEC.  4.  Any  person  violating  the  provisions  of 
this  chapter  shall  be  liable  for  each  offense  to  a  fine  in 
any  sum  not  exceeding  one  hundred  dollars.  One- 
half  of  such  fine  shall  go  to  the  complainant  and  the 
other  half  into  the  City  Treasury. 

Approved  January  27,  1881. 


CHAPTER  XXIX. 

RELATING  TO  THE  SALE  OF  LIQUORS. 

SEC.  1.    Dispose  of. 

SEC.  2.    Applications. 

SEC.  3.    Licenses— Bonds. 

SEC.  4.    Rates  of  licenses. 

SEC.  5.    Not  transferable— Violation  of  bond. 

SEC.  6.    Restrictions— Penalty. 

SEC.  7.    Mayor  may  forbid  sale — "When. 

SEC.  8.    Duties  of  those  selling. 

SEC.  9.    Penalty  for  selling  without  license. 

SEC.  10.  Penalty. 

SEC.  11.  Ordinances  repealed. 

SEC.  1.    No  person  shall,  within  the  limits  of 
Ogden  City,  either  directly  or  indirectly,  in  person  or 


186  OKDOTAKCES. 

by  another,  sell,  barter,  or  otherwise  dispose  of,  or 
permit,  procure  or  cause  to  be  sold,  bartered,  deliver- 
ed or  in  any  manner  disposed  of,  or  on  his  account, 
any  spirituous,  vinous  or  fermented  liquor,  without  a 
license  first  had  and  obtained  therefor,  as  hereinafter 
provided. 

SEC  2.  Applications  for  license  under  this  ordin- 
ance shall  be  made  in  writing  to  the  Mayor,  shall  state 
the  nature  of  the  business,  on  what  street  and  in  what 
building  it  is  to  be  carried  on,  when  it  shall  commence 
and  shall  give  the  full  name  of  the  applicant,  and,  if  a 
firm,  the  style  of  the  firm,  and  the  full  name  of  each 
member  thereof,  and  the  names  of  the  sureties  propos- 
ed to  go  on  the  bond.  Said  bond  to  be  approved  by 
the  Mayor. 

SEC.  3.  On  payment  to  the  City  Treasury  of  the 
sum  hereinafter  named,  and  on  executing  and  filing 
with  the  City  Recorder  a  bond,  with  the  approved  sure- 
ties, in  the  penal  sum  of  two  hundred  and  ninety-nine 
dollars,  conditioned  for  the  keeping  of  an  orderly 
house  and  a  faithful  observance  of  all  the  provisions 
of  this  chapter,  and  on  surrendering  to  the  said  City 
Recorder  the  Treasurer's  receipt  for  said  license  fee, 
he  may  issue  to  the  applicant  or  applicants  a  license  to 
carry  on  the  designated  business  for  the  period  of  three 
months,  at  the  place  mentioned  in  the  application. 

SEC.  4.  For  a  license  for  the  sale  of  beer,  ale  and 
porter,  in  any  quantity,  for  the  term  of  three  months, 
the  applicant  shall  pay  to  the  City  Treasurer  the  sum 
of  fifty  dollars  ($50).  For  a  bar,  saloon  or  liquor 
store  license,  authorizing  the  sale  of  spirituous,  vinous 
and  fermented  liquors  in  any  quantity,  for  three 


ORDINANCES.  187 

months,  one  hundred  and  fifty  dollars  ($150).  For  a 
license  for  a  private  pantry  or  cellar,  in  a  hotel,  for 
the  sale  of  liquors  or  wines,  by  the  bottle,  for  guests 
exclusively,  the  sum  of  twenty- five  dollars  per  quarter. 
For  a  license  as  rectifiers  and  wholesale  liquor  dealers 
exclusively,  in  any  quantities  less  than  five  gallons,  the 
sum  of  seventy-five  dollars  ($75)  per  quarter. 

SEC.  5.  No  license,  granted  by  virtue  of  the  pro- 
visions of  this  chapter  shall  be  assignable  or  trans- 
ferable, or  authorize  any  person  or  persons  not  named 
therein,  to  carry  on  the  business  therein  specified,  nor 
shall  such  license  authorize  the  person  or  persons 
therein  named,  to  carry  on  the  business  specified  there- 
in, in  any  other  house  or  place  than  that  named  in  the 
license,  without  first  having  obtained  an  order  from  the 
Mayor  or  City  Council. 

Any  person  having  a  license  to  sell  beer,  ale  and 
porter  only,  who  shall  permit  any  keg,  demijohn  or 
any  other  vessel  containing  spirituous  or  vinous  liquors, 
to  be  or  remain  in  his  place  of  business,  shall  be 
deemed  guilty  of  a  violation  of  his  bond,  and  be  sub- 
ject to  'the  penalty  prescribed  in  the  next  section  of  this 
chapter. 

SEC.  6.  No  person  holding  a  license  granted  un- 
der or  by  virtue  of  this  chapter  shall  be  permitted 
by  himself,  his  agents,  clerks,  employees,  bar  tenders 
or  friends,  to  sell,  give  or  deliver,  any  spirituous, 
vinous  or  fermented  liquors  to  any  person  under  eigh- 
teen years  of  age,  except  it  be  on  the  written  order  of 
the  parent  or  guardian  of  such  person.  Nor  shall  any 
person  holding  and  doing  business  under  such  license, 
employ  or  allow  any  person  under  twenty- one  years  of 
age  to  serve  at  his  bar,  or  sell  or  deliver  such  liquors 


188  ORDINANCES. 

or  beer  on  the  premises,  to  any  patron  or  customer. 
Nor  shall  such  licensed  person,  by  himself,  his  agents, 
clerks,  bar  tenders,  or  any  other  person  under  his  con- 
trol or  in  his  employ,  sell,  give  or  deliver  such  liquor 
or  beer  in  any  quantity  to  a  person  already  intoxi- 
cated nor  to  any  Indian.  Any  person  violating  any  of 
the  provisions  of  this  section  or  section  five  of  this 
chapter  shall  be  subject  to  a  fine  of  not  less  than  five 
dollars  ($5.00)  nor  more  than  fifty  dollars  ($50)  for 
each  and  every  offense.  Any  person  doing  business 
under  this  chapter,  on  being  convicted  of  keeping  a 
disorderly  house,  or  on  being  convicted  the  third  time 
of  violating  any  of  the  provisions  of  this  chapter 
shall,  in  addition  to  the  penalties  prescribed  in  this 
chapter,  forfeit  his  license,  and  the  use  and  benefit 
thereof. 

SEC.  7.  The  Mayor  may,  by  proclamation,  forbid 
the  sale,  giving  away  or  in  any  manner  disposing  of 
spirituous,  vinous  or  fermented  liquors  on  Municipal, 
County  or  Territorial  election  days,  Fourth  of  July, 
Decoration  and  Thanksgiving  days,  all  Territorial  and 
National  holidays,  and  at  all  times  whenever  in  his 
judgment  the  peace,  good  order  or  safety  of  the  city  or 
the  inhabitants  thereof  shall  require  it,  not  to  exceed 
twenty- four  hours  at  any  one  time;  and  all  licenses 
granted  or  accepted  under  the  provisions  of  this  chap- 
ter, shall  be  granted  and  accepted  subject  to  the  above 
conditions,  whether  the  same  be  expressed  in  the  license 
or  not.  Any  person  who  shall  sell,  barter,  give  away 
or  in  any  manner  dispose  of  any  spirituous,  vinous  or 
fermented  liquors  in  contravention  of  any  proclama- 
tion of  the  Mayor  forbidding  the  same,  shall  be  liable 
to  pay  a  fine  in  any  sum  not  to  exceed  one  hundred 


ORDINANCES.  189 

dollars,  or  to  be  imprisoned  not  exceeding  one  hun- 
dred days,  or  both. 

SEC.  8.  Any  person  obtaining  a  license  under  this 
chapter  shall  be  subject  to  the  following  regulations: 
He  shall  observe  and  keep  inviolate  all  ordinances  of 
the  city  and  proclamations  of  the  Mayor  relating  to, 
regulating  or  prohibiting  the  sale  of  spirituous,  vinous 
or  fermented  liquors  during  the  period  of  such  license; 
he  shall  not  keep  open  his  bar  or  place  for  the  sale  of 
such  liquors,  nor  sell,  give  away,  or  in  any  manner 
dispose  of,  by  himself,  servant  or  other  person,  any 
spirituous,  vinous  or  fermented  liquors  after  11  o'clock 
p.  m.,  nor  before  5  o'clock  a.  m.,  on  any  day  of  the 
week  nor  in  day  time  during  the  first  day  of  the  week, 
commonly  called  the  Sabbath  day:  Provided,  that 
this  prohibition  shall  not  apply  to  the  keepers  of  drug 
stores  when  the  applicant  for  spirituous,  vinous  or 
fermented  liquor  shall  present  a  certificate  signed  by  a 
recognized  practising  physician,  certifying  that  it  is 
required  for  medicinal  purposes.  He  shall  prohibit  at 
his  place  of  business  all  gaming  with  or  without  betting, 
by  means  of  cards,  dice,  dominoes  or  other  articles, 
every  game  of  chance  and  every  other  description  of 
gaming  or  gambling  (Provided,  that  nothing  in  this 
chapter  shall  be  so  construed  as  to  affect  the  use  of 
billiard,  pool  or  other  tables  for  which  a  license  is  ob- 
tained under  the  provisions  of  an  ordinance  passed 
January  22,  A.D.  1879),  and  on  the  proclamation  of  the 
Mayor  for  all  the  liquor  and  beer  houses  to  close,  he 
shall  discontinue  business  during  the  period  named  in 
such  proclamation.  He  shall  not  in  anywise  dispose 
of  spirituous,  vinous  or  fermented  liquors  to  any 
person  under  eighteen  years  of  age,  neither  shall  he 
suffer  such  persons  to  loiter  on  his  premises.  He  shall 


190  ORDINANCES. 

prohibit  music,  dancing,drunkenness  and  all  riotous  or 
disorderly  conduct  on  his  premises,  and  shall  also  pro- 
hibit persons  from  being  or  remaining  in  his  saloon  or 
place  for  selling  liquor  or  beer  during  the  time  specified 
in  this  section. 

SEC.  9.  If  any  person  shall  keep  any  house  or 
place  within  the  corporate  limits  of  this  city  for  the 
purpose  of  selling  or  otherwise  disposing  of  spirituous, 
vinous  or  fermented  liquors  without  first  having  ob- 
tained a  license  therefor  as  herein  provided,  he  shall  on 
conviction  thereof  pay  a  fine  of  one  hundred  dollars 
for  the  first  offense  and  if  convicted  of  a  second  offense 
a  fine  of  one  hundred  dollars  and  be  imprisoned  not 
exceeding  thirty  days,  and  for  each  subsequent  offense 
a  fine  of  one  hundred  dollars  and  be  imprisoned  not 
exceeding  one  hundred  days. 

SEC.  10.  Any  person  violating  any  provision  of 
this  chapter  for  which  no  penalty  is  herein  provided, 
shall,  on  conviction  thereof,  pay  a  fine  not  exceed- 
ing one  hundred  dollars,  or  be  imprisoned  not  exceed- 
ing one  hundred  days,  or  both,  for  each  offense. 

SEC.  11.  All  ordinances  and  parts  of  ordinances 
relating  to  the  sale  of  spirituous,  vinous  or  fermented 
liquors  superseded  by,  or  in  conflict  with  this  chapter 
are  hereby  repealed;  the  repeal  of  such  ordinances  and 
parts  of  ordinances  shall  not  affect  any  rights  accrued 
or  liabilities  incurred  thereunder,  but  all  such  rights 
and  liabilities  may  be  maintained  and  enforced  the 
same  as  if  such  ordinances  and  parts  of  ordinances  had 
remained  in  full  force. 

Approved  May  16,  1879. 


ORDINANCES.  191 


CHAPTER  XXX. 

SECURING  TEAMS. 

SEC.  1.    How  to  be  secured. 
SBC.  2.    Penalty. 

SEC.  1.  Any  person  having  charge  of  or  being  the 
driver  of  a  team,  shall,  while  such  team  is  standing  in 
the  streets  or  any  other  public  place  of  Ogden  City, 
stand  near  the  head  of  the  same,  or  have  hold  of  the 
lines  attached  to  them,  or  otherwise  secure  them  to 
some  post  or  other  substantial  place  of  fastening  pre- 
pared for  that  purpose,  or  by  lead  or  iron  weight, 
weighing  not  less  than  ten  pounds,  attached  to  the  bit 
by  a  strap,  rope  or  chain. 

SEC.  2.  Any  person  violating  this  chapter  shall  be 
liable  to  a  fine  in  any  sum  not  less  than  five  nor  more 
than  fifteen  dollars  for  each  offense. 

Approved  January  27,  1881. 


102  ORDINANCES. 


CHAPTER  XXXI. 

REGULATING  THE   MEASUREMENT  OF  MASON  WORK, 
PLASTERING   AND  CUT  STONE. 

SEC.  1.  Solid. 
SEC.  2.  Perch. 
SEC.  3.  Superficial  measurement. 

SEC.  1.  All  walls  of  mason  work,  whether  of 
stone,  brick  or  adobies,  and  all  flues,  fire-places,  ovens, 
boilers,  cooking  ranges,  grate  settings,  furnaces,  cop- 
per settings,  and  other  like  work,  shall  be  measured 
by  solid  or  cubic  measurement. 

SEC.  2.  A  perch  of  mason  work,  shall  be  sixteen 
and  a  half  cubic  feet,  including  openings. 

SEC.  3.  All  paving,  flagging,  plain  plastering, 
hard  finish  and  rough  casting,  including  openings, 
shall  be  measured  by  superficial  measurement;  also  all 
cut  stone,  plain-tooled,  such  as  door-steps,  door-sills, 
coping  and  hearth-stones;  but  those  parts  only  which 
show  when  set  shall  be  measured.  All  window-sills, 
caps  and  water-tables  shall  be  measured  by  running 
measurement. 

Approved  January  27,  1881. 


ORDINANCES.  193 


CHAPTER  XXXII. 

IN  EEL  ATI  ON  TO  DOGS. 

SEC.  1.  Dogs  to  be  registered. 

SEC.  2.  Manner  of  registering. 

SEC.  3.  Certificate  to  be  obtained— Tax. 

SEC.  4.  Collar  to  be  worn— Dogs  not  so  collared  liable  to  Ixj  killed. 

SEC.  5.  Female  dogs. 

SEC.  6.  Dogs  not  to  enter  places  of  -worship— Penalty. 

SEC.  7.  Fierce  dogs  not  to  run  at  large — Penalty. 

SEC.  8.  Registered  dogs  not  to  be  killed. 

SEC.  9.  Mayor  may  order  dogs  to  be  muzzled. 

SEC.  10.  Penalty. 

SEC.  1.  No  person  shall  keep  a  dog  within  the 
limits  of  Ogden  City  without  having  the  same  duly 
registered  as  hereinafter  provided,  and  obtaining  a  cer- 
tificate of  such  registration. 

SEC.  2.  An  entry,  by  the  Recorder  of  the  city  in 
a  record  book  to  be  kept  by  him  for  such  purpose,  of 
the  description  of  the  dog,  together  with  the  name  of 
its  owner  or  keeper,  shall  constitute  such  registration. 

SEC.  3.  It  shall  be*  the  duty  of  the  Recorder  to 
register  any  dog  on  application  of  the  owner  or  keeper 
thereof,  and  issue  to  such  owner  or  keeper  a  certificate 
of  registration,  under  the  corporate  seal,  on  payment 
by  such  owner  or  keeper  to  said  Recorder,  for  the  use 
and  benefit  of  the  city,  the  sum  of  three  dollars.  Such 
certificate  shall  be  numbered  in  the  order  of  issue,  and 
shall  be  in  force  for  one  year  only  from  and  after  the 
date  of  the  same;  but  may  be  renewed  annually  on 
payment  of  the  sum  of  three  dollars,  as  aforesaid. 


194  ORDINANCES. 

SEC.  4.  All  dogs  so  registered  shall  wear  a  suit- 
able collar,  with  the  name  or  initials  of  the  owner  or 
keeper,  and  the  number  corresponding  with  that  of  the 
certificate  of  registry  inscribed  thereon;  and  all  dogs 
found  running  at  large  within  the  limits  of  the  city, 
not  so  registered  and  collared,  shall  be  liable  to  be 
killed  by  any  person. 

SEC.  5.  Any  bitch  found  running  at  large  within 
the  limits  of  the  city,  while  in  heat,  shall  be  liable  to 
be  killed  by  any  person,  whether  registered  or  not,  and 
the  owner  or  keeper  of  the  same  shall  be  liable  to  a 
fine  in  any  sum  not  exceeding  ten  dollars  for  each  of- 
fense and  cost  of  prosecution. 

SEC.  6.  If  the  owner  or  keeper  of  any  dog  shall 
suffer  or  permit  the  same  to  enter  or  be  in  any  place  of 
worship  in  the  city  during  public  service  therein,  he 
shall  be  liable  to  a  fine  in  any  sum  not  exceeding  five 
dollars  and  cost  of  prosecution. 

SEC.  7.  If  the  owner  or  keeper  of  any  fierce, 
dangerous  or  mischievous  dog  shall  permit  or  suffer 
the  same  to  go  at  large  within  the  limits  of  the  city, 
whether  registered  or  not,  he  shall  be  liable  to  a  fine, 
for  the  first  offense,  in  any  sum  not  exceeding  five 
dollars  and  cost;  for  the  second  offense,  not  exceeding 
ten  dollars  and  cost;  and  on  the  third  conviction  for 
such  offense,  in  any  sum  not  exceeding  fifteen  dollars 
and  cost,  and  be  liable  to  pay  all  damages  caused  by 
said  dog;  and  the  Mayor  or  Alderman  before  whom 
such  third  conviction  shall  be  had  shall  issue  an  order 
to  the  Marshal  of  the  city,  or  any  of  his  deputies,  re- 
quiring him  to  immediately  cause  such  dog  to  be 
killed. 


OKDINANCES.  195 

SEC.  8.  Any  person  who  shall  kill  or  cause  to  be 
killed  any  dog  registered  and  collared,  pursuant  to  this 
chapter,  except  as  herein  provided,  without  the  con- 
sent of  the  owner  or  keeper  thereof,  or  who  shall  de- 
prive any  registered  dog  of  its  collar,  or  put  a  collar 
as  herein  provided  on  any  dog  not  so  registered,  or 
suffer  a  collar  to  remain  on  any  dog  after  the  expira- 
tion of  the  certificate  of  registration,  and  without  such 
certificate  being  renewed  as  hereinbefore  provided, 
shall  be  liable  to  a  fine  in  any  sum  not  exceeding 
twenty-five  dollars. 

SEC.  9.  The  Mayor  of  the  city  is  hereby  author- 
ized to  issue  his  proclamation  forbidding  the  running 
at  large  of  any  and  all  dogs  within  the  limits  of  the 
city,  at  any  period  of  the  year  whenever,  in  his  opin- 
ion, the  public  safety  is  in  danger,  or  when  there  are 
mad  or  rabid  dogs  in  or  near  the  city,  unless  such  dogs 
are  securely  muzzled  with  a  wire  muzzle,  fastened  on 
with  leather  straps  or  chains;  and  all  dogs  found  run- 
ning at  large  within  the  city  during  the  time  specified 
in  such  proclamation,  unless  muzzled  as  herein  pro- 
vided, shall  be  liable  to  be  killed  by  any  person. 

SEC.  10.  Any  person  violating  the  provisions  of 
this  chapter  shall,  when  not  otherwise  provided,  be 
liable  to  a  fine  in  any  sum  not  less  than  three  dollars 
nor  more  than  ten  dollars  and  cost  for  each  offense. 

Approved  May  23,  1870. 


196  ORDINANCES. 

CHAPTER  XXXIII. 

RELATING  TO  AUCTIONEERS. 

SEC.  1.  License  to  be  obtained— Bond. 

SEC.  2.  Duties  of  Auctioneers. 

SEC.  3.  Same. 

SEC.  4.  Restrictions. 

SEC.  5.  Proviso. 

SEC.  6.  Penalty. 

SEC.  1.  No  person  shall  sell  or  expose  for  sale  by 
way  of  vendue  or  auction,  within  the  limits  ot  the 
city,  any  property  without  first  obtaining  a  license  from 
said  Council  for  such  purpose,  for  which  license  such 
person  shall  pay  into  the  City  Treasury  the  sum  of 
one  per  cent,  of  all  moneys  received  on  all  goods  sold 
by  him.  He  shall  also  give  bonds  to  the  city,  with 
approved  security,  in  the  sum  of  one  thousand  dol- 
lars, conditioned  for  the  honest  and  due  performance 
of  all  duties  herein  required  to  be  by  him  performed, 
which  bond  shall  be  approved  by  and  filed  in  the 
office  of  the  City  Recorder. 

SEC.  2.  All  auctioneers  so  licensed  shall  re- 
ceive all  articles  which  they  may  be  required  to  sell  at 
auction,  and  give  receipts  therefor,  if  required,  and  at 
the  close  of  any  sale,  shall  deliver  a  true  account  of 
such  sale,  and  pay  the  amount  realized  for  such 
articles  sold  to  the  person  entitled  to  the  same  on  sur- 
render of  the  receipt  of  such  articles,  if  such  receipt 
shall  have  been  given,  after  deducting  the  one  per 
cent,  as  mentioned  in  the  preceding  section,  and  a 
further  sum  as  compensation  for  such  sale,not  exceed- 
ing ten  per  cent,  on  the  amount  of  such  sale. 


ORDINANCES.  197 

SEC.  3.  It  shall  be  the  duty  of  every  auctioneer 
licensed  as  aforesaid,  to  pay  the  said  sum  of  one  per 
cent,  on  all  goods  and  chattels  sold  by  him  into  the 
City  Treasury,  monthly  or  oftener  if  required  by  the 
City  Kecorder;  and  in  accounting  for  such  sales,  it 
shall  be  the  duty  of  every  auctioneer  to  make  his  re- 
turns to  the  Auditor  of  the  city,  under  oath  or  affirma- 
tion, and  exhibit  to  said  Auditor  his  books  of  sale 
whenever  said  Auditor  shall  require  them.  And  any 
Auctioneer  refusing  or  neglecting  to  comply  with  the 
provision  herein  contained,  shall  forfeit  his  license  and 
be  liable  to  a  fine  in  any  sum  not  less  then  ten  nor 
more  than  one  hundred  dollars  for  each  offense. 

SEC.  4.  All  auctioneers  are  hereby  forbidden  to 
sell  or  expose  for  sale  any  kind  of  property,  so  near 
to  the  streets  as  to  cause  people  to  gather  in  crowds  on 
the  sidewalks  so  as  to  obstruct  the  free  use  or  passage 
over  the  same,  or  to  use  immoral  or  indecent  language 
in  crying  their  goods,  or  to  make  noisy  acclamations, 
or  ring  bells  through  the  streets  in  advertising  their 
good  and  chattels. 

SEC.  5.  Nothing  hi  this  chapter  shall  be  so  con- 
strued as  to  prohibit  any  Sheriff,  Constable  or  other 
officer  from  selling  any  property  in  discharge  of  official 
duty  at  public  auction. 

SEC.  6.  Any  person  violating  the  provisions  of 
this  chapter,  when  not  otherwise  provided,  shall  be 
liable  to  a  fine  in  any  sum  not  exceeding  one  hundred 
dollars  for  each  offense. 

Approved  May  30,  1870. 


198  ORDINANCES. 


CHAPTEE  XXXIV. 

OFFICIAL   BONDS. 

SEC.  1.    Who  shall  give  bonds  and  in  what  sum. 
SEC.  2.    By  whom  approved  and  with  whom  filed 

SEC.  1.  The  officers  of  Ogden  City  hereinafter 
enumerated  shall  give  bonds  with  two  or  more  good 
and  sufficient  sureties  to  the  city  in  the  penal  sum  set 
opposite  their  respective  offices,  for  the  faithful  per- 
formance of  their  several  duties; 

Mayor,  $5,000;  Eecorder,  $15,000;  Treasurer, 
$25,000;  Assessor  and  Collector,  $10,000;  Attorney, 
$5,000;  Aldermen,  each,  $3,000;  Supervisor  of  Streets, 
$2,000;  Marshal,  $2,000;  Engineer,$2,000;Water  Master, 
$1,000;  Sealer  of  Weights  and  Measures,  $500;  Pound- 
keeper,  $500;  Inspector  of  Provisions,  $500;  Stock 
Inspector,  $500. 

SEC.  2.  The  bonds  of  all  the  officers,  excepting 
those  of  the  Mayor,  shall  be  approved  by  the  Mayor 
and  filed  with  the  Recorder;  those  of  the  Mayor  shall 
be  approved  by  the  City  Council :  Provided,  that  the 
bonds  of  the  Recorder  and  the  Treasurer  shall  be  filed 
with  the  Mayor. 

Approved  January  31,  1881. 


ORDINANCES.  199 


AN  OKDINANCE 

FORBIDDING    THE  SMOKING  OF    OPIUM. 

SEC.  i.    Smoking  prohibited. 
SEC.  2.    Penalty. 

SEC.  1.  Be  it  ordained  by  the  City  Council  of 
Ogden  City,  That  it  shall  not  be  lawful  for  any  person 
or  persons  within  the  limits  of  the  city,  to  smoke 
opium  or  to  in  any  way  advise  or  induce  others  to  do 
so,  or  keep  a  room  or  place  for  such  purpose. 

SEC.  2.  Any  person  or  persons  violating  this  ordi- 
nance shall  be  liable  to  a  fine  of  not  less  than  ten  nor 
more  than  one  hundred  dollars,  or  to  imprisonment  of 
not  less  than  ten  nor  more  than  one  hundred  days,  or 
both,  for  each  and  every  offense. 

Approved  September  22,  1879. 


AN  OEDINANCE 

CONTROLLING  THE  WATER   OF   TAYLOR'S   CANON. 

SEC.  1.    Water  appropriated— Prohibition. 
SEC.  2.    Penalty. 

SEC.  1.    Be  it  ordained  by  the  City  Council  of 
Olden  City,  That,  by  virtue  of  the  authority  confer- 


200 


ORDINANCES. 


red  upon  them  in  the  Charter  of  the  city,  the  stream  or 
streams  of  water  flowing  through  or  from  Taylor's 
Canon,  lying  east  of  the  townsite  proper,  and  within 
the  incorporation,  whether  from  spring  or  springs,  or 
otherwise,  are  hereby  set  apart  for  the  public  use  of 
the  city,  and  for  the  domestic  purposes  of  the  inhabit- 
ants thereof,  to  be  conducted  through  the  water  works 
or  otherwise,  now  begun  and  hereafter  to  be  completed, 
under  such  rules  and  regulations  as  may,  from  time  to 
time,  be  ordained  and  adopted  by  the  City  Council  of 
the  city;  and  all  persons  are  hereby  prohibited  from 
the  appropriation  to  their  private  or  individual  use,  of 
said  stream  or  streams  of  water,  or  any  part  thereof, 
without  having  first  obtained  a  permit  from  the  City 
Council. 

SEC.  2.  Any  person  violating  the  provisions  of 
this  Ordinance  shall  be  deemed  guilty  of  trespass,  and 
subject  to  a  fine  in  any  sum  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars  for  each  offense. 

Approved  May  20,  1879. 


ORDINANCES.  201 


AN  ORDINANCE 

CONSTRUING  AND  AMENDING  AN  ORDINANCE  PASSED 

MAY  20,  1879,  ENTITLED  "AN  ORDINANCE 

CONTROLLING  THE  WATER  OF 

TAYLOR'S  CANON." 

SEC.  1.    Amendment. 

SEC.  2.    Further  amendments. 

SEC.  1.  Be  it  ordained  by  tlie  City  Council  of 
Ogden  City,  That  the  first  section  of  an  ordinance 
entitled  "An  ordinance  controlling  the  water  ot 
Taylor's  Canon,"  passed  May  20,  1879,  shall  be  con- 
strued to  mean  as  it  was  intended  to  mean  and  did 
mean,  to  dedicate  all  the  water  of  the  streams  flowing 
in,  through  or  from  Taylor's  Canon,  east  of  the  town- 
site  proper  of  the  city  of  Ogden,  to  the  use  of  the  city, 
and  for  the  domestic  purposes  of  the  inhabitants  there- 
of, and  a  part  of  which  waters  flow  within  the  corpo- 
rate limits  of  the  city. 

SEC.  2.  And  that  said  ordinance  be  amended  by 
inserting  after  the  word  "and"  following  the  words 
"townsite  proper,"  and  before  the  words  "within  the 
corporation,"  in  the  first  section,  these  words,  to  wit: 
"A  portion  of  which  water  flows."  And  it  shall  be 
deemed  an  offense  against  said  ordinance  for  any  person 
to  divert  the  waters  flowing  in,  through  or  from  said 
canon,  within  or  without  the  corporate  limits  of  the 
city,  without  the  permit  of  the  City  Council  so  to  do. 

Approved  June  4,  1880. 


203  ORDINANCES. 


AN  ORDINANCE 

GRANTING   WATER  FRANCHISE  TO  THE   OQDEN 
WATER   COMPANY. 

SEC.  1.    Grant  for  25  years — Contract. 

SEC.  1.  Be  it  ordained  by  the  City  Council  of 
Ogden  City,  That  there  be,  and  is  hereby,  granted  an 
exclusive  franchise,  right  and  privilege  to  the  Ogden 
Water  Company,  for  the  period  of  twenty-five  years, 
to  furnish  the  city  and  its  inhabitants  with  water,  the 
terms,  specifications  and  covenants  of  the  several  par- 
ties being  fully  set  out  in  the  draft  of  a  written  agree- 
ment now  before  the  said  City  Council,  and  read  and 
fully  considered  by  it  and  adopted  in  all  its  parts  and 
provisions,  and  ordered  to  be  entered  of  record  with 
this  ordinance;  and  the  Mayor  of  said  Ogden  City  is 
hereby  authorized  and  directed  for  and  on  the  part  of 
the  city,  to  sign,  execute,  acknowledge  and  deliver 
said  contract  as  the  obligation  of  the  city,  and  to  have 
it  attested  by  the  City  Recorder  and  Corporate  Seal  of 
the  city,  and  when  signed  by  the  President  of  said  Og- 
den Water  Company,  and  attested  by  its  Secretary  and 
public  or  private  seal,  and  acknowledged  before  the 
County  Recorder  of  Weber  County,  Utah  Territory,  by 
both  the  Mayor  of  the  city  and  President  of  said  Com- 
pany, and  attested,  under  the  seal  of  said  County  Re- 
corder, then  said  contract  shall  be  deemed  as  fully  ex- 
ecuted and  delivered  by  both  parties,  and  shall  be  filed 
for  record  and  recorded  in  the  office  of  said  County  Re- 
corder of  Weber  County,  and  the  said  record  in  either 


ORDINANCES.  203 

the  City  or  County  Recorder's  office,  or  a  certified  copy 
thereof,  shall  be  evidence  for  either  or  both  parties. 

Approved  November  5,  1880. 


AN  ORDINANCE 

COMPELLING    THE     ATTENDANCE    OF    MEMBERS    OF    THE 
CITY    COUNCIL. 

SEC.  1.    May  enforce  attendance. 
SEC.  2.    Fine  for  neglect. 

SEC.  1.  Be  it  ordained  by  tJie  City  Council  of 
Ogden  City,  That  when  there  is  not  a  sufficient  num- 
ber of  the  members  of  the  Council  present,  at  any  of 
their  meetings,  to  form  a  quorum,  the  members  pre- 
sent are  hereby  empowered  to  compel  the  attendance  of 
absent  members,  and  may  direct  the  Marshal  to  enforce 
such  attendance  of  members. 

SEC.  2.  Should  any  member  of  the  Council  refuse 
or  neglect  to  attend  any  meeting  of  the  Council,  when 
notified  by  the  Marshal  that  his  attendance  is  required 
to  form  a  quorum,  or  should  any  member  leave  the 
Council  when  in  session  without  the  consent  of  the 
Council,  when  such  leaving  would  break  the  quorum, 
he  shall  be  fined  in  any  sum  not  exceeding  fifty  dollars 
by  the  Mayor  or  any  Alderman  who  may  be  acting  as 
chairman  of  such  meeting. 

Approved  March  20,  1871. 


204  ORDINANCES. 


AN  ORDINANCE 

RELATING    TO    QUAILS. 

SEC.  1.    Penalty. 

SEC.  1.  Be  it  ordained  Tnj  the  City  Council  of 
Ogden  City,  That  any  person  who  shall  kill  or  cause 
to  be  killed  any  quail  or  quails,  within  the  limits  of 
this  city,  shall  be  liable  to  a  fine  in  any  sum  not  ex- 
ceeding twenty-five  dollars  for  each  offense. 

Approved  April  10,  1871. 


AN  ORDINANCE 

PRESCRIBING   A  PENALTY    WHERE    NONE    IS  SPECIALLY 
PROVIDED,  EXPLAINING    AND    REPEALING   OR- 
DINANCES,  AND  RULES   OF   ORDER. 

SEC.  1.  Prescribing  a  penalty. 

SEC.  2.  Explaining  ordinances. 

SEC.  3.  Repealing  other  ordinances. 

SEC.  4.  Rules  of  order. 

SEC.  1.  Be  it  ordained  by  the  City  Council  of 
Ogden  City:  In  all  cases  in  the  Revised  Ordinances, 
where  no  penalty  is  specifically  set  forth,  for  violation 
of  any  portion  thereof,  the  punishment  shall  be  by 


ORDINANCES.  205 

fine  in  any  sum  not  exceeding  one  hundred  dollars,  or 
by  imprisonment  not  exceeding  one  hundred  days,  or 
by  both  such  fine  and  imprisonment  at  the  discretion 
of  the  court  before  whom  any  such  offender  may  be 
tried. 

SEC.  2.  The  ordinances  shall  not  be  strictly  con- 
strued where  any  ambiguity  or  defect  may  exist,  but 
with  a  view  to  carrying  out  the  spirit  thereof,  and 
securing  justice  to  all  parties. 

SEC.  3.  All  former  ordinances  and  resolutions 
coming  within  the  purview  of  these  ordinances,  and  in 
conflict  therewith,  are  hereby  repealed,  but  this  repeal 
shall  not  affect  any  rights,  forfeitures  or  prosecutions 
accrued,  incurred  or  begun  previous  hereto. 

SEC.  4.  The  rules  of  order  to  be  adopted  in  all 
meetings  of  the  City  Council  shall  be  those  prescribed 
in  "Roberts'  Rules  of  Order." 

Approved  January  31  1881 


CERTIFICATE  OF  AUTHENTICATION. 


TERRITORY  OF  UTAH,  } 

>•  ss. 
OGDEN  CITY.         j 

I,  JAMES  TAYLOR,  Recorder  of  Ogden  City, 
do  hereby  certify  that  the  foregoing  Ordinances  were 
passed  on  the  dates  therein  appearing,  and  that  the 
same  are  full,  true  and  correct  copies  of  the  different 
parts  of  said  Ordinances  as  they  appear  of  record  in 
my  office. 

In  testimony  whereof,  I  have  hereunto  set  my 
*~*- — '*      hand  and  affixed  the  corporate  seal  of 
j  )      Ogden  City,  this  twelfth  day  of  February, 

j  £     LL*  j"     1881.  JAMES  TAYLOR, 

*  ,^^_#  City  Recorder. 


INDEX. 


PAGE 

Authorization  of  publication  of  Revised  Ordinances 3 

Authentication,  Certificate  of. 206 

Auctioneers 196 

Bonds,  City  Officers  to  give,  and  amounts 198 

Butchering  and  slaughter  houses 179 

City  Charter 7 

"  Amendment  to 24 

"  "  26 

"  "  29 

"  "  32 

33 

to  have  the  force  and  effect  of  an  ordinance 38 

City  Ordinances,  in  relation  to 41 

City  Council,  meetings  of. 39 

"          "       Attendance  of  Members  compelled 203 

City  Seal  established , 40 

City  Officers,  duties  of: 

Recorder 53 

Treasurer » 55 

Attorney 57 

Marshal 59 

Police  Commissioners 6r 

Supervisor  of  Streets 63 

Water  Master 65 

Sealer  of  Weights  and  Measures 67 

Engineer 70 

Sexton 72 

Inspector  of  Buildings 75 

Inspector  of  Provisions 77 

Inspector  of  Stock 78 

Inspector  of  Liquors 80 

Medical  Board  of  Examiners 82 

Jailor 83 

City  Offices  created;    tenure 84 

City  Taxes,  Assessing  and  Collecting 1^3 


208  INDEX. 

PAGE 
City  Prisoners , 183 

Crimes  and  Punishments  85 

Dogs I93 

Drugs  and  Medicines 178 

Elections  and  Registration 147 

Estray  Pound 159 

Fire  Department 109 

Fire  limits  and  prevention  of  fires 114 

Gunpowder,  Dynamite,  etc.,  storing  and  selling 169 

Historical — City  Governments  from  1869  to  1881 5 

Licenses  and  manner  of  obtaining  them 119 

"        for  Merchants 120 

"   Hotel  Keepers 122 

"         "   Bankers,  Brokers  and  Exchange  Dealers 123 

"         "  Restaurant  Keepers 124 

"         "  Livery  and  Feed  Stable  Keepers 124 

"         "  Fresh  Meat  Dealers 125 

"         "  Billiard  and  other  Table  and  Pin  Alley  Keepers....   126 

"   Brewers  and  Distillers 128 

"         "  Hawkers  and  Peddlers 130 

"         "   Sundry  Vocations 130 

Liquors,  sale  of. t 185 

Mason  Work,  Plastering,  etc.,  measurement  of. 192 

Mayor  authorized  to  sign  papers 39 

Mode  of  procedure  under  City  Ordinances 104 

Nuisances 181 

Ogden  and  Weber  bridges,  riding  and  driving  over 184 

Opium  smoking  prohibited 199 

Ordinance  of  revision  and  consolidation 37 

Pawnbrokers 171 

Penalty,  general;  ordinances  explained  and  repealed 204 

Police  Department 99 

Quarantine 163 

Quails,  protection  of. 204 

Railroads,  regulations,  etc 174 

Securing  teams 191 

Streets,  alleys,  sidewalks  and  public  grounds 45 

Water,  water  ditches  and  culverts 165 

Wards,  Ogden  divided  into ;  their  boundaries 43 

Water  of  Taylor's  Cafion,  controlling 199 

"  <f  "        amendment 201 

Water  Company,  franchise  granted  to 202 


ERRATA. 


Page  32,  Sec.  7,  3d  line,  after  "salary"  omit  "oi"  and  read  "or." 

Page  44,  Sec.  4,  6th  line,  omit  "twenty-one"  ("21") 

Page  45.  Sec.  1,  6th  line,  read  "north"  instead  of  "west." 

Page  45,  Sec.  1,  10th  line,  read  "west"  instead  of  "east." 

Page  47,  29th  line,  omit  "Square." 

Page  49,  Sec.  6,  2d  line,  omit  "in  two  feet  from' 'and  insert  uon." 

Page  94,  Sec  28,  7th  line,  after  "of"  and  before  "misdemeanor," 

read  "a  " 

Page  116,  Bee.  3,  last  line,  for  ujoists"  read  "joints." 

Page  118,  Sec.  11,  4th  line,  for  "privileges"  read  "privys." 

Page  136,  Sec.  5,  3d  line,  read  "and"  instead  of  "an." 

Page  141,  Sec.  16,  16th  line,  after  the  word  "more,"  and  before 

"forty,"'  rc,:-(d  "than." 

Page   177,  lines  19  and  20,  omit  "of  not  more,"  and  read  "in 

any  sum  less." 

Page  189,  Sec.  8,  12th  line,  omit  "in  day,"  and  read  "any." 


